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COMMISSION ON THE POWERS AND ELECTORAL ARRANGEMENTS OF THE NATIONAL ASSEMBLY FOR WALES

MINUTES OF PROCEEDINGS

of the

EVIDENCE OF:

Enid Rowlands and Grenville Jackson –

National Council for Education and Training in Wales

held on March 28th 2003

at

St George’s Hotel,

Llandudno.

Enid Rowlands and Grenville Jackson –

National Council for Education and Training in Wales

 Lord Richard

I wonder whether you could start off by doing what we have asked every witness to do; identify yourselves for the purposes of the record, then open up the discussion for us if you will, perhaps five or 10 minutes of opening and then we can come at you.

Enid Rowlands

I am Enid Rowlands. I chair the National Council, usually called the National Council ELWa. My colleague is Grenville Jackson who is the Director of Policy of the National Council. Grenville’s job is focussed on the work of the National Council but we have staff who work for both the Higher Education Council and the National Council. If there is any confusion over that we can return to that later on. I wanted also for the opening record to make very clear something which I have referred to in my written statement which is, of course, my husband is Huw Vaughan Thomas. Huw is not here today because I am here. The views which I have expressed in the paper are my views. They are not Huw’s views. We are quite used to having quite separate views in our house.

Lord Richard

We won't ask you where they differ!

Enid Rowlands

You can ask Huw. The other thing I did want to mention also for the record is that Eira, who is also a member of the Commission, is a colleague of mine on the Board of S4C. That needs to be made clear. I understand Eira is not here because she's at the S4C Board. As I said, my views are my personal views. I have not sought a consensus of views of my Council Members. Although I would say that a number of things that I have expressed in that paper have been reflected in discussions that I have had with Council Members at different times. But they have not been drafted with an attempt to reflect a census around Council Members.
In the paper I have concentrated on four main areas. I hope those are the areas that are of relevance and interest. I’m conscious in so doing there is an issue about the discussion that we have here about the relationship of ASPBs, the powers of the Assembly and the remit of the Commission. But I will be guided by your questions as to the areas which are most relevant within your remit. I also wanted to make very clear, because I think some of you will appreciate that a number of things that have happened in the National Council have been open to various interpretations. In expressing the views I have in the paper, what I am trying to do is to reflect on my experience both at the North Wales Health Authority and the National Council – I was Chair of North Wales Health Authority for 2 years – about processes, systems and indeed their powers. It does not reflect the nature of relationships with individuals, either at ministerial level or at the Civil Service level. Generally I would say those relationships are excellent and we work our way around any difficulties. If they appear critical it is the processes and systems on which I am reflecting. The other thing I wanted to say is that I am bilingual. I am more than happy to answer questions put to me in Welsh and indeed if I am put questions in English I answer them in English, I will move on in that way, I hope that is convenient to you as well.
Therefore going back to the four main areas that we focused on. In doing so I thought it was important to look at the evolving roles of ASPB under the National Assembly. I think there are some challenges around accountability for an ASPB which is as large as the National Council in terms of geographical size and in the size of the budget – but also because of the political dimension in which we operate, the education and training field is one which is highly politically sensitive. I welcome that because I think too long the issues of education and learning have not been sufficiently prominent, but I think it does actually raise a number of issues about the nature of the relationship with the Assembly.
I have also chosen to look at previous evidence that has been given to you about the scrutiny function and have made some comments, which you might like to explore further. I have touched on a couple of the areas which you were exploring I think vis-à-vis the legislation and the statute. I am here to answer your questions.

Lord Richard

Thank you very much indeed. We are very interested n the relationship between ASPBs and the Assembly. How it works – the mechanics of it. I wonder if you can give us a bit more of that. Who do you – not exactly report to but who are you responsible to and accountability, who are you scrutinised by and how the Committee system works?

Enid Rowlands

How long have you got! What I would like to focus on is the legal framework. That is quite clear. There is a Council management statement which describes respective roles, my role as Chair and that of the Chief Executive and particularly his accounting officer role. You will be aware that my Chief Executive also answers to the Permanent Secretary because of his accounting officer responsibilities. That's very interesting when you get into difficult waters and also throws light on to the nature of the relationships. The way it is meant to work is that there is a planning cycle. We produced a corporate strategy. We were asked to do so and we did so, it covers 10 years. We very extensively consulted on that strategy in the first year.

Lord Richard

With who?

Enid Rowlands

With the public and interest groups including Assembly Members. We held meetings with geographic focus and also with sectoral focuses, it was probably one of the widest of consultations. Quite interesting given the point that you were talking about with the CBI about the nature of consultation. It was also interesting that people said we consulted too much. This is one of the lessons you learn – that if you don't consult enough you get criticised; if you consult too much you get criticised. From that process we produced a 3-year plan for the Assembly. Then in June we try and pitch from that corporate plan for a notional amount of resource – both running costs and programme costs to carry out the work as identified in the corporate plan. That then gets put into a black box process as far as we're concerned. It goes to the Assembly and I guess our sponsor department takes that forward and that's part of the debate within the Assembly. Then later on we submit a more detailed annual plan based on our remit letter. We are meant to receive a remit letter in January. It frequently does not arrive in January.

Lord Richard

That's annual is it?

Enid Rowlands

That's annual yes. We pitch for resources based on the corporate plan and on indicative budgets. That's done back in June time. In January we get a remit letter which really should be saying exactly what they want us to achieve. You have got some examples of that.

Ted Rowlands

Last year’s, it was dated 12th March.

Enid Rowlands

I would be fair to say that I don't have the remit letter for the next year yet.

Ted Rowlands

Presumably you’re consulted about the remit letter?

Enid Rowlands

Yes I don't know what happens in other departments but we do get a chance to comment on the remit letter. A draft comes to us and clearly at that point we are quite often getting towards the start of a new financial year and we need to be very clear pretty quickly what it is that we can buy, particularly from learning providers. But if the remit letter is such that we don't think we can match the contents of the remit letter to the reality of the budget, then you have to discuss that. In my view there has to be a reality about what we can deliver.

Ted Rowlands

Are you implying that discussion does not take place?

Enid Rowlands

No, I am saying I am fortunate with my Minister who I do talk to regularly. I have such a relationship – I will say to her if I think there are real constraints on achieving the ambitions set out in the remit letter. Nevertheless one of the other facets of the National Council is that our work actually straddles far more than one Minister’s remit. If you think about the people issues that we're dealing with, they are equally pertinent to the economic agenda, and the cultural agenda. You will have seen there was quite a chunk about a cultural strategy in last year’s remit letter. There are wide ranging language issues because there is a need to extend that. Agriculture; the future of agriculture depends on the talents of the skills of the people in that industry. So I have a dialogue with my own minister but obviously I do not have a dialogue with all those other areas that often come into the annexes of the remit letter.

Lord Richard

Do you go to Committee yourself?

Enid Rowlands

I go to my own Committee which is the ELL, Education Lifelong Learning Committee.

Grenville Jackson

We have also been asked to give evidence on one occasion to one of the Subject Committees on a specialist subject.

Lord Richard

But as a matter of normal procedure you go to your own Committee?

Enid Rowlands

Yes.

Lord Richard

Do you go to every meeting?

Enid Rowlands

No. We've been twice in the past 2 years.

Lord Richard

Was that to talk about the remit letter or the performance issue?

Enid Rowlands

No the first of the meetings was really an information exchange process where we set out what we were trying to achieve. The second of those meetings was really just picking up the various interests of the Members of the Committee and trying to address their concerns. I think that would be the fairest way of describing it.

Tom Jones (in welsh then interpreted)

Soniodd CBI hefyd am y diffyg croestorri hwn o ran ei gofidiau. Oes gennych chi unrhyw gynnig sut y gallech wella’r sefyllfa?
Interpretation:
The CBI also identified this lack of cross-cutting in terms of their concerns. Have you got any proposal as how you could improve that situation?

Lord Richard

The ASPB and the CBI–

Tom Jones (in welsh then interpreted)

Gwnaed y pwynt-
Interpretation:
They made the point that–

Enid Rowlands (in welsh then interpreted)

Rwy’n credu bod llawer o le o fewn y strwythurau swyddogol sy’n cefnogi’r Cynulliad am ddull sy’n croestorri llawer iawn mwy. O fewn adran y Gwasanaeth Sifil rwy’n gwerthfawrogi bod ymdrechion yn cael eu gwneud, ond mae yna draddodiad maith y tu ôl iddo, a hyd yn oed o fewn adrannau ar adegau mae’n ymddangos bod anallu i i weld canlyniadau penderfyniadau o’r naill adran i’r llall, heb sôn am draws adrannau. Ydy hi’n ddefnyddiol dangos hynny?
Interpretation:
I think there is considerable scope within the official structures that support the Assembly for a far more cross-cutting approach. Within the Civil Service department I recognise that efforts are being made but there is huge tradition behind it, and even within departments on occasions there seems to be an inability to see the consequences of decisions from one part of the department to another, let alone across departments. Is it helpful if I illustrate that?

Lord Richard

Yes.

Enid Rowlands

The 14 to 19 review which is currently being undertaken by my own minister. This is actually being led by the schools section, which is a different section to the one that looks after us. There are proposals in the 14 to 19 paper which will have very major implications for the work which the minister has asked us to take forward, particularly on planning and funding. Ted, I think you know about the planning and funding review that we are doing. It is a very major step forward. There is a real danger that what will happen is that at a local level you will have CCETs, is voluntary coming together of learning providers, on the one hand working with us for the 16-plus agenda and another set of consultation processes with another group of people looking after 14 to 19 in schools. Even within the Assembly’s Education Department it sometimes seems quite difficult to get this joined up.

Lord Richard

Your cash negotiations, I mean that takes place with your minister. Do you get into arguments with the finance minister.

Enid Rowlands

No I have never met the Finance Minister in her role as Finance Minister.

Grenville Jackson

On the subject of the remit letter, the remit letter covers both the immediate coming financial operating year, but also has a 3-year period. It’s about giving guidance to the Council for the preparation of its next corporate plan. One of the issues that arise from that – and this relates to the wide interest from almost every other Subject Committee of the Assembly – is often the expectation that the Council is equipped and resourced to act on their policy statements in the immediate coming year, whereas the remit letter is setting the guidance for the following corporate plan. So it creates expectations on us that we're actually going to deliver. I think this is the breadth of the people agenda in the Assembly policies. I mean this week for example, I have had meetings with the Minister of Finance and local government on community regeneration, I have meetings with the Deputy First Minister on European enlargement because the people agenda is in all of those. Those are just 2 examples from this week. It’s the capturing of the remit letter.

Dr McAllister

Staying with the remit letter, can I ask you about a point you make in paragraph 16 where you talk about role of the Education Lifelong Learning Committee in terms of input into the remit letter? Because as you point out, the Chair of the Committee did suggest to us that they were rather removed from the content of the remit letter as a Committee. He expressed a view to be closely engaged. Can you explain your statement where you say you think this will simply serve to make lines of accountability more confused?

Enid Rowlands

It stems from our experience of exactly the role of the Education and Lifelong Learning Committee. I have experienced 2 chairs; this role clearly bears on discussions of policy. My minister is a Member of the ELL Committee and the remit letter comes from the minister. If you start getting hopes and aspirations from Members of the ELL Committee they may well be perfectly legitimate but there has to be joined-up thinking somewhere. Otherwise, when you receive these hopes and aspirations, they build up expectations which often budgets just don’t resource and running costs that don't allow you to deliver.
I think it’s much easier and more crisp and clear perhaps for that process of discussion to go on with a single Minister. I suppose am struggling a bit here with the role of the ELL Committee. I am very clear about the discussions that I need to have with the Minister because that surely has to be part of the process of us being judged as to whether we are delivering on behalf of the National Assembly. The time scales are already pretty difficult. We really need the remit letter at the beginning in the autumn. If you are going to contract with providers then still not having it now is pretty difficult when they are sitting there saying, ‘Well, tell us exactly what you want us to do.’ So we contract in the hope and expectation that the stuff around the edges will get sorted.

Ted Rowlands

Do you mean that you contract on the basis of the draft letter that you see?

Enid Rowlands

We contract on the basis that we have a budget. I would like to say that that is a firm settled budget. But quite often it is not. Because the reality is that we do get a budget and we do get a letter. We then match up, remember we have to write an operational plan and a corporate plan in all this as well, so we try to make sure that the corporate plan and the operational plan fit with the budget. Then we get a remit letter that may or may not fit, so there is a certain amount of needing to square circles here.

Grenville Jackson

The Assembly announces it's draft budget in October of each year. It's finalised over the coming four months. We have made proposals that in terms of our planning cycle it would be very beneficial about at that same time to receive even the draft of the remit letter because it’s once that draft budget is announced by the Welsh Assembly Government that we really kick in our operational planning process because we have got a firm finance envelope in which to work. So there is a dialogue going on with officials where we are trying both to align our preparation of the operational plan and the remit letter. So that what the Minister is going to require is the operational plan. Because the operational plan has to be formally approved by the Minister because that is essentially the key to unlocking the financial resource for the following financial year so the operational plan is not is actually required to be approved by the Minister and the other case is that the Council has made clear to the Minister as part of the national planning and funding review system that we need to move to a much firmer planning and funding cycle. We have a three-year corporate plan and a one-year operational plan but the budget is only firm for one year. That brings with it a whole host of problems.

Ted Rowlands

Perhaps I should declare an interest, I am and honorary adviser to the–

Lord Richard

Are you turning away from the remit letter?

Ted Rowlands

Its a follow up in the sense a part of the same argument. If I may illustrate the point that you have, is it not the case that you have policy pronouncement by the Minister, for example of lifting the age limits of apprenticeships to 25. Then you have ELWa saying we have to manage the expectations because we don't have the money to fulfil the pronouncement. Is that what's at the centre, at the heart of all the argument about the relationship to remit letters and budget and policy pronouncements.

Enid Rowlands

That's an important part of it. There have been significant numbers of policy development. I have to say I welcome the idea, and the direction of travel is absolutely right. Both my Council and the Executive support that. We think the direction we're going in in Wales is leading edge. In fact, there is a lot of interest from Scotland and England, so we have no issue about the direction. My issue, if I have one, is about the speed of travel and the ability to deliver. It is about where the responsibility lies to not just set the direction but also to enable a realistic process of delivery.

Sir Michael Wheeler-Booth

On this point about the remit letter. The effect, on a complete novice in this matters, was that if somebody was telling another authority to go and do this, this, this, this, this and then anything else that anybody has thrown into the head of the Minister, what struck me was that it was trying to do too much too quickly and I say this knowing nothing of the minutiae, that's why I was asking about seeing the draft of the letter. Because it’s a criticism that is directed at our present Government in London that they are disconnected and they try and do too much too quickly.

Enid Rowlands

It would be a huge step forward if policy documents actually had some notional attempt at budgets. I don't think is rocket science. These are with really important notions and ideas as there are in the 14 to 19 review for example mentors for young people who are disaffected. I think that's terribly important stuff for the whole of the society. We should be doing something about it. But rather than saying this is what we're going to do, we should at least try and have a notion of how much that is going to cost and have we got the skills in place to deliver it and what time frame is realistic for delivery.

Lord Richard

Factual question. How much does it change from year to year?

Enid Rowlands

Before coming here I did my homework, I read last year’s remit letter, I read my draft. Its actually quite a big difference. One example would be last year’s remit letter had quite a chunk in it about pushing forward on a cultural strategy for Wales. Correct me if I am wrong, but we've not heard anything new this year about this.

Grenville Jackson

Letters are cumulative.

Enid Rowlands

The older we get, the more letters we get.

Grenville Jackson

If there is a policy – for example the culture strategy was announced last year was in the remit letter. There were actions in our remit letter for 2002/3. We have those on, they are now embedded in work that we're doing so they are not repeated in–

Lord Richard

So the remit is new work.

Enid Rowlands

New work.

Sir Michael Wheeler-Booth

If there was a change of Government then presumably the past remit letters, I mean their first one they would say scrub this, this, this.

Enid Rowlands

They may. I think the way we get through this is because we have a very good relationship with the Minister. That's terribly important. My point is, is that a sufficiently robust basis. It is of course very centred to any system that you are able to have dialogues and the Minister and I agree on the priorities of increased numbers of earlier learning. Sowe agree on the core – there is no question. But the remit letter is quite an extensive thing.

Tom Jones (in welsh then interpreted)

Ydych chi wedi cael cyfle i archwilio gwaith y Gweinidog a’ch gwaith chi fel corff yn cael ei gynnwys yn y gwaith hwnnw ? Felly, gwelwn fod angen Pwyllgor lle gallant grynhoi gwybodaeth am eich gwaith, ond yr hyn sy’n amlwg yn eich poeni yw eu bod wedyn yn dechrau dod â syniadau i mewn i’r trafodaethau, er mai’r hyn ddylent fod yn ei wneud mewn ffordd fyddai cynghori’r Gweinidog. Ar ôl y Gweinidog, cawsom y cwestiwn gan ELWa: ‘Beth am y flwyddyn nesaf neu’r flwyddyn wedyn?’ Pam nad ystyriwch y materion hyn yn eich llythyr cylch gwaith? Ar hyn o bryd mae’n dipyn o stomp, yn yr ystyr eich bod yn cael eich holi ac yna’ch archwilio, yna byddwch yn cael yr holl awgrymiadau hyn heb wybod i bwy rydych yn atebol, ynte?
Interpretation:
Do you have to have an opportunity to scrutinise the Minister;s work and your work as a body included in that work? So we see the need for a Committee where they can gather information about your work but what obviously concerns you is that they then are starting to input ideas in the discussions while in a way what they should be doing would be to advise the Minister. Following the Minister, we received from ELWa: ‘What about next year or the year after that?’ Why don't you consider these issues in your remit letter? At the moment it is a bit of a mess, in the sense that you are questioned and scrutinised then you also receive these suggestions when you don't know to who you are able to account, isn't it?

Enid Rowlands (in welsh then interpreted)

Dyna un agwedd, ond mae yna ddwy agwedd. Mae yna agwedd o fod yn sicr 100% am yr hyn yw’r disgwyliadau. Wedyn byddem yn gallu bod yn atebol i’r disgwyliadau hynny rydym wedi cytuno iddynt. Dylwn gadw fy swydd yn ôl a fyddwn yn cyrraedd yr amcanion hynny neu beidio. Felly, rwyf yn ddigon hapus. Nid dweud rydw i fy mod yn hapus i dderbyn yr amrywiol awgrymiadau, ond mae angen i mi wybod beth yw statws yr awgrymiadau. Yr agwedd arall yw mai’r broses rydym yn rhan ohoni ar hyn o bryd gyda’r Pwyllgor yw ein bod yn treulio cryn amser yn darparu tystiolaeth a gwybodaeth iddo. Yn fy marn i fel Cadeirydd, nid dyna’r ffordd fwyaf effeithiol i gyfrannu gwybodaeth. Oes ffordd well fel y gallwn mewn gwirionedd roi’r wybodaeth ddiweddaraf i Aelodau’r Pwyllgor am ddatblygiadau sy’n digwydd ar y gwaelod? Os gallwn wneud hynny ar lefel uchel heb wastraffu amser yn y Pwyllgor, yna gall y Pwyllgor ei hun gael ffocws cryfach. Dyna rydw i’n gofyn amdano i ni – ffocws cryfach ar y cwestiwn hwn o atebolrwydd.
Interpretation:
That is one aspect but there are two aspects. There is an aspect of being 100% certain as to what the expectations are. Then we would be able to be accountable to those expectations which we have agreed to. I should keep my job or not on whether we achieve those aims. So I am quite happy. I'm not saying that I am not happy to receive the various suggestions, but I need to know what the status of the suggestions are. The other is that the process that we're involved with at the moment with the Committee is that we spend a fair bit of time providing evidence in and information to them. In my opinion as Chair, that's not the most effective way of feeding in information. Is there a better way whereby we can actually keep Committee Members up to speed with developments which are happening at base? If we can achieve it to a high level without wasting time in the Committee, then the Committee itself can actually have a stronger focus. That's what I am asking for us - a stronger focus on this question of accountability.

Ted Rowlands

Paragraphs 7 to 9: attempt to try to define difference between scrutiny and interference really. You describe in 3 paragraphs an interference system, not a scrutiny system, where you have got Ministers, you've got Committee's, you've got officials and you have got your own Council. I will come to paragraph 10 in a minute. But in 7 to 9, is that first of all a reasonable interpretation of those paragraphs?

Enid Rowlands

I would not use the word interference.

Ted Rowlands

You could not possibly.

Enid Rowlands

It would be unhelpful for me to affirm the use of that word. I don't use it because I understand the pressures on the different groups.

Ted Rowlands

Does the £50,000 limit in paragraph 8, has that got a long parentage that pre-dates devolution? Would that have been old Welsh office limit on health trusts, or is it a very specific Assembly obligation?

Enid Rowlands

These limits do vary considerably. One of the issues is that these limits vary. In health it was quite different. The budget was almost the same - about £500 million in the North Wales Health Authority. But I experienced it as a different system. I think I understand why they feel the need to get involved because we come with a history. There were four TECs that merged with a Funding Council. Then there was also clearly a political view. The Training Enterprise Councils were set up during the Thatcher era, as a competitive model. So there was a history behind that.
In that model, certainly in Wales - and I say this with a full knowledge of course that my husband was Director of the Manpower Services Commission when I worked in the Training and Enterprise Council - but my experience with my English colleagues was there was a lot more scrutiny in Wales around the TECs. We were smaller - only seven of us; then we went down to six, five, then four. That was a history of the involvement of the Civil Service. Much more direct. I think what happened with the set up of the Assembly was that the whole thing became concertinaed. I think that the powers came down to the Assembly, you clearly had more Ministers than you had in the previous system, and civil servants felt because they already had closer involvement with the TECs in particular, they needed to keep that rein very tight on these-

Ted Rowlands

Partly inherited from the old TEC system.

Enid Rowlands

Yes. So it’s not such a matter of legislation but it’s about the perception of how things operate. The problem with that process for me is that you then go about appointing, in the National Council case, a stunningly good set of Council Members with vast experience. You ask these people to take on a role of responsibility of ensuring the delivery against a set of criteria. We have talked about the remit letter. Where does the Civil Service function then come in when you set up this kind of body, when it’s such a big one, as we are, when it is high profile, as we have been? Because of the nervousness - I think because it’s the first big body that the Assembly has set up - you then get people saying, what's my role? My issue here is accountability. As I have said in my paper, if you think somebody is going to check your work, your ownership of it really does change. So this lack of perhaps space that I describe is about - well, who is making the decisions at the end of the day?

Ted Rowlands

Isn't it the point that you make in paragraph 10, that in fact you’re in such a high profile political area - sixth form funding, training provider funding, further education funding - these are highly public and traditionally quasi local government decisions, quasi Ministerial decisions. That in fact they really ought to be a department of the Welsh Assembly Government because they are directly accountable to Ministers and that would make it a much more clearer degree of accountability than these that you describe.

Enid Rowlands

I think that you can make any system work. You can play around with the deck chairs as much as you like, what you need is clarity about respected roles and accountabilities. This system certainly can work. The ASPB system brings in this profound knowledge and expertise from outside and is a very rich mix. It can be made to work. Equally, a departmental structure as you describe would also be made to work. Neither will work unless people are absolutely clear about who takes decisions on what and what they are accountable for. That is my point. It is not that one model is better than the other, although in Wales we are tempted to swap models if that's a solution. I think that we are struggling sometimes to be very clear about who does what and what the roles are.

Peter Price

Can I press you on the distinction that you drew at the outset between the relationships with people, excellent, and your criticisms of systems? In a way, what you have been saying strikes me as being not about the systems but about the way that people have chosen to operate them. For example, that the people operating the system are not looking at the budgetary implications of what they are writing down in certain other documents; that they are not doing things according to an appropriate timetable. Nothing of that as I have understood so far is actually inherent in the system. It’s the way that the system is currently being applied. Can you identify anything that in the system that complicates your carrying out your role?

Enid Rowlands

If I could add another part of the framework. I think your analysis is partially correct but it does not come out of a vacuum. It has a whole history behind it. It is the history of how organisations have worked in the past. A journey to find a new way of working given the changed circumstances of devolution, which I am describing. These are fine individuals that we work with, they don’t do these things in the least bit deliberately, it must be very clear that that is not the case. They come with a history and a traditional culture. I suppose I am addressing a need to change our culture and the culture of our institutions as well as the framework of our institutions if these things are really to work.

Peter Price

You mention the difference between your experience now and your experience in the health field. Could you indicate the years when you chaired the health authority and what were the significant differences between the two?

Enid Rowlands

Right. If I work backwards I left the health authority in December 2000, I was appointed in 1997 and I did two years there. There was a very small overlap whereby I held the reins of the Health Authority when I was appointed in October of 2000 to the National Council. Sorry the other part of your question?

Peter Price

What was the difference in the way that the systems operated between health and the education and training field?

Enid Rowlands

The similarity was that they were both highly complex. But the Health Authorities were much more hands off, if I can describe it as that. We had considerably less contact with the minister, a lot less contact certainly at the Chair and Board level with the civil servants, and it was much more a case of ‘Here's an amount of money’; there was almost a recognition that you were never going to meet all the needs of an area with that. You had to decide which priorities you were going to address. Was it going to be the diabetes service, mental health? You could juggle really at the margin, it was left up to you how you were going to do that in all honesty. Then you just had an end of year review meeting - almost a jamboree - which took you through everything that you had done and got ticks and crosses. It was quite different to the very, very ongoing dialogue that we and the National Council have.

Peter Price

Finally, if I pick up this. The nature of education, the nature of this ongoing dialogue and the way things work now in your criticisms of it, suppose we were looking at this in England rather than in Wales? We're talking about big budgets; we're talking about high profile; we're talking about big impacts. What would be different? Because of those same reasons, isn't there still in that sense a lot of ministerial involvement, a lot of civil servant involvement? Where is the difference?

Enid Rowlands

I don't have a detailed view of that. Let me hilight some differences. The Learning and Skills Council is enormous. The National Council is big in Wales, but the Learning Skills Council is enormous. It has a very broad regional set up, it had nine months to set itself up. It now has a three year rolling budget and its ability to manoeuvre and not have to land on a financial pinhead at the end of the year is significantly easier, I would say, than the National Council. If I can draw a comparison, I was in the WDA for a number of years. It was more easier to land on the financial pinhead because I had a stack of projects in my back pockets. I had land that I could buy up in North Wales and use up the budget. It was successful. I got a lot more money into North Wales that way. With people you can't turn those deals on and off

Lord Richard

Why have they got it in England and not in Wales? Is it something to do with the powers of the Assembly?

Enid Rowlands

No, it is their decision. I don't think its anything to do with the powers. Policy choice.

Tom Jones (in welsh then interpretation)

Cyn belled ag y mae’r sector gwirfoddol yn y cwestiwn, rydym yn symud i ariannu mynegol 3 blynedd ond mwy o hyblygrwydd.
Interpretation:
As far as the voluntary sector is concerned, we are moving to 3 year indicative funding but more flexibility.

Enid Rowlands (in welsh then interpreted)

Yn enwedig gyda materion pobl, byddai hynny’n eithriadol o fuddiol. Byddai’n wir.
Interpretation:
Particularly with the people issues, that would be enormously helpful. It really would.

Lord Richard

There is one phrase that you used which we can't let you get away with: ‘Wanting to produce a change in the culture of the institutions.’ What does that mean? Which institutions? What sort of culture? Has it changed since devolution?

Enid Rowlands

Like ourselves in the National Council we are struggling still at this stage - 23 months old - to establish one comprehensive new culture. One set of values and principles that everybody has signed up to.

Lord Richard

All the ASPBs.

Enid Rowlands

Yes. That's particularly the case for us, because we merged not just two organisations, we merged six in total. That was some feat in a matter of weeks and months. So we think we have our own challenge. That's part of it. I think the Civil Service also has its challenges round its culture to work in new and different relationships with an Assembly, which is quite different to working with two or three Ministers. I think that it’s a big organisation. It has strong historical links and traditions and of course it’s still a part of the UK Civil Service at the end of the day. So how do people in Wales in the Civil Service choose to operate as part of a UK Civil Service that still works on a Whitehall model? There are challenges there for them. As a new body I think the Assembly itself is still trying to find the best way of working - you are an example of it here - through not just systems and procedures, but it's about what the right kind of acceptable behaviour is. I think a very pertinent point we had this morning another leaked document for instance. So what kind of standards and behaviours - what is the nature of that organisation? All of us are trying to find new ways of working.

Lord Richard

Can I ask you an indiscrete question? How closely were you consulted about yesterday’s decision?

Enid Rowlands

About yesterday’s decision. Can I be clear because a lot of things happened yesterday? Yesterday’s decision about the moving from a part-time Chief Executive to full-time - I think that is a very good example, I was very closely involved in that. Well, over 12 months ago I and the Chair of the Higher Education Council, when he became the permanent Chair, went to the Minister and expressed our concern. She was good enough to listen to that. She instigated an independent review and that was carried out and completed in August last year. We have consistently worked very closely, not just with the Minister but with the Higher Education Council to take that through. That's a very good example of working closely together.

Tom Jones (in welsh then interpreted)

Gawn ni fynd yn ôl at eiriau Peter am ffactor Lloegr (paragraff 9), sydd hefyd yn cysylltu â llythyr cylch gwaith 3, 2020, paragraff 4? Rydych yn dweud na allwch drafod gyda gweision silfil yn Llundain heb i rywun fod gyda chi. Yr holl syniad gyda’r angen am fod ar flaen y gad mewn datblygiad yw eich bod yn cael bod yn eich lle a gallu rhannu hynny yn Lloegr. Fodd bynnag, o edrych ar y llythyr cylch gwaith lle bydd y Gweinidog a’r Cyngor yn ymwybodol bod y mesur addysg gerbron y Senedd, mae hwn yn cynnwys nifer o faterion a fydd yn effeithio ar weithgareddau’r Cyngor. Y cwestiwn yno yw oni ddylech fod wedi gallu cyfrannu at baratoi’r Mesur hwnnw heb orfod aros tan yr is-ddeddfwriaeth? Hynny yw, hwn yw’r mesur fframwaith a fyddai’n effeithio ar eich gwaith, yn hytrach na dim ond y rhan a allai effeithio ar Gymru. Pam y paranoia yma o beidio â gadael i ASPB yng Nghymru gael cyfrannu at lunio ar lefel y DG wrth ddechrau llunio mesurau?
Interpretation:
Can we go back to Peter's mention of the England factor (paragraph 9), which also links into the 2002, 3 remit letter, paragraph 4? You say that you cannot go to discussions with civil servants in London without being accompanied. This whole idea of the need of being at the cutting edge of development is that you are put in place and to be able to spread that into England. However, looking at the remit letter where the Minister and the Council will be aware that education bill is going through Parliament, this contains a number of matters that will impact on the Council's activities. The issue there is shouldn't you have been able to have an input in the preparation of that Bill without having to wait until secondary legislation? I.e. this is the framework bill that would affect your work than simply the bit that might affect Wales. Why is it that there is this paranoia in terms of not letting ASPB in Wales have an input into UK framing at an early stage of bills?

Enid Rowlands (in welsh then interpreted)

Fe ddof â Gren i mewn yn y funud. Mae ail ran o’i ddatganiad yn hollol gywir. Rwy’n cytuno â chi; mae’n cael ei ddweud yn un o’r llythyron a gefais fod rhaid i mi fynd â rhywun gyda mi os croesaf y ffin. Dyna’r tristwch ar un lefel, oherwydd yn amlwg mae yna gynifer o feysydd yn ein gwaith sy’n ymwneud yn agos â pholisïau Llywodraeth y Deyrnas Gyfunol. Holl fater budd-daliadau diweithdra a Chanolfannau Gwaith, Cynghorau Medrau, mae’r rhestr yn ddiddiwedd. Mae angen cael deialog trwyadl iawn. Mae hynny’n dod â ni’n ôl at y cwestiwn a godwyd gan yr Arglwydd Richard, ai gwasanaeth sifil Cymreig yw hwn neu Wasanaeth Sifil y DG ond nad yw’r DG eu hunain yn gwybod?
Interpretation:
I will bring Gren in in a minute. The second part of a statement is absolutely correct. I agree with you; it is actually stipulated in one of the letters that I received that I really must take somebody with me if I go over the border. That's the sadness at one level because clearly there are so many areas of our work which are intimately related to the UK-wide Government policies. The whole thing about unemployment benefits and the Jobcentres, Skills Council's, the list is endless. There needs to be very thorough dialogue. That links back to the question Lord Richard raised, is it a Welsh Civil Service or is it UK Civil Service and do the UK themselves know?

Lord Richard

You can consult your equivalent in England.

Enid Rowlands

I can consult the Chair of the Learning Skills Council.

Lord Richard

You can't talk to the Minister for Education.

Enid Rowlands

No. Unless unaccompanied.

Grenville Jackson

It was on a factual point on the Education Bill which was mentioned in our current remit letter. There has been dialogue with our sponsoring division on an aspect of the legislation which is now the Education Act. That dialogue did take place. In the new remit letter the implications of the education for the National Council are drawn out. One of our tasks in the coming year is going to be to working with local government on the implications of these. We were involved through the Assembly in making observations on the Bill, but we would not directly engage with the DfES in London. It would be through the civil servants in Cardiff.

Tom Jones (in welsh then interpreted)

Pe bae’r Cynulliad ei hun i gael rhagor o bwerau, yn enwedig prif ddeddfwriaeth, fyddech chi’n cael mesurau gan y sector a fyddai’n dymuno cael eu cyflawni? Oes yna alw? Oes yna faterion deddfwriaeth i’w newid?
Interpretation:
If the Assembly was to have any further powers, particularly primary legislation, would you have bills from the sector that would wish to be delivered? Is there a demand? Are there things of legislation to be changed?

Enid Rowlands (in welsh then interpreted)

Mae yna fân agweddau. Fy marn bersonol nawr yw fod gennym gymaint ar ein plât ar hyn o bryd. Rydw i’n crynu wrth feddwl am ragor o Fesurau, Deddfau a gofynion. Mae gennym agenda wirioneddol bwysig, ac rwy’n credu ar y cyfan fod gennym y pwerau i wneud yr hyn rydym yn dymuno’i wneud. Mae yna agweddau sydd wedi achosi anhawster, yn enwedig wrth sefydlu ASPB sy’n gysylltiedig â phwerau’r Cynulliad. Mae’r broblem sydd gennym nawr yn ymwneud yn benodol â hynny. Gallwn ddysgu gwersi o hynny. Rwy’n credu y rhof y gorau iddi yn y fan yna.
Interpretation:
There are small aspects. My personal view at this point in time is that I think we've got so much on our plates, at the moment. I sort of rather shrink at the thought of any more Bills, Acts and requirements. We've got a really important agenda, and I generally think that we've got the powers to do what we want to do. There are aspects that have caused difficulty particularly in the setting up of an ASPB which are related to the to the powers of the Assembly. The problem that we have at this time is specifically focused around that. We can learn lessons from that I think. I think I will stop there.

Grenville Jackson

It is such a busy agenda. We have already talked about the policy development within other divisions of the National Assembly. Over the last 3 months we would mention the Strategy for Older People. We could mention the Innovation Action Plan. Health. We could mention Welsh language strategy. All those have impact about on the National Council - we have big impacts. The Chairman is not fully briefed on it, but on Monday we will be discussing a policy development emanating in England with the Minister. This is at the operational policy level, and the English Minister is looking to make announcements on it very shortly but it will actually require quite significant time and subsequent financial responsibilities of the National Council. So we see some policy developments taking place in England which feed back into the system, particularly where you have UK-wide institutions involved in education and training, and one of the consequences of the devolution settlement particularly, is when those UK-wide bodies adapt to the new circumstances. This depends on which strategy it involves, but generally Wales and Northern Ireland will get involved in discussions with the department in England through our own sponsoring division so we see policy coming through in that way as well. We do get engaged. We are engaged in that process at an early enough stage.

Peter Price

If one puts to one side restructuring situations in UK bodies, you mentioned earlier on you could talk without accompaniment to the Learning and Skills Council. Could you develop the extent of the contacts between your organisation, the Learning and Skills Council at your level and at all other levels? How much interplay is there? How much do you gain from their experience, ideas, research and so on? And how much are you feeding to them?

Enid Rowlands

I guess these things are always not quite as much as you would want to. I have had meetings with the Chair of the Learning and Skills Council. I brought the Chief Executives together as well. I know that Gren particularly has a level of dialogue in the policy area. There is a high degree of interest in the kinds of things we're doing in Wales in the Learning and Skills Council, but as things in Wales develop differently to England, so the gaps between us actually widen up. The kinds of areas of responsibility for the Learning and Skills Council are not identical with the National Council. Jobcentre Plus play a much greater role in work-based learning in England than perhaps our very direct responsibility in Wales.
There are very important areas of working together, things like the qualifications. We are trying to break down qualifications into bite-size chunks so people can have more flexible learning. Because it’s a UK-wide institution we only constitute about 5% of their business. Unless we persuade England that is a good thing to do, they are not going to change it for the sake of 5% in Wales. So there is a need to have that wider dialogue. I think there is more possibility. I am a great believer in making sure that we not only have links with England, but we look at what's going on in Scotland. Scotland are very interested in the kind of approaches around our learning networks. Northern Ireland has a huge focus on the voluntary sector coming out of the troubles. So they have used their very strong community base. But they would say they have problems from that. The richness of what we are able to produce in Wales will be not because we are a hothouse in Wales, it's because we have a wider dialogue across the UK.

Peter Price

That sounds aspirational - what you would like to see - and I'd like to press you on what exists. Are you reflecting that there are these contacts now?

Enid Rowlands

There is a level of contact which constitutes me meeting the Learning Skills Council Chair once a year for instance, the Chief Executive makes contact more regularly than that; Gren makes more contact still. There is a lot more that could happen. In the 23 months that we have been going I have to tell you we have been pretty well flat out trying to make sure that we keep the training going and development policy is taking up much of our time.

Lord Richard

Thank you very much indeed. That was fascinating.

Enid Rowlands

Thanks for the opportunity to discuss that with you.

 

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