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Tim Loughton: Before the Minister finishes, can she explain what subsection (1) of new clause 3 means? It states:
"Section (Provision of information about young children: England) has effect with the modifications specified in subsections (2) and (3) until section 7 comes into force."
Which section 7 and which Act does that refer to? I cannot work it out.
Beverley Hughes: The hon. Gentleman has a smile on his face, as if he thinks he has caught me out, but I think he will find that I have a sound and accurate explanation for him. New clause 3 makes transitional arrangements to enable data to be collected from funded nursery education before the provisions in new clause 2 come into force. New clause 2 will come into force as a whole in September 2008 for all providers, but for providers who are already getting funding for nursery education, we can legitimately get that information, which will of course be partial, earlier because it is already being collected. The new clause gives the legal power for a transitional arrangement to enable that to be done for a year, before the full force of new clause 2 takes effect. Section 7, therefore, is the present clause 7 of the Bill.
Mr. Roger Williams (Brecon and Radnorshire) (LD): As I understand the Minister's comments, new clause 3 covers the period before new clause 2 comes into force. What will happen in Wales? New clause 4 mirrors new clause 2, but there is no mirror of new clause 3.
Beverley Hughes: The hon. Gentleman might have got me there. As he says, new clause 4 enables the regulations to take effect, allowing the Welsh Assembly to collect individual child level data. It may well be for the Assembly to decide on any transitional arrangements. I shall make sure that the hon. Gentleman gets an accurate answer to that question.
There will be opportunity to discuss the new clauses in another place, and before those discussions take place, there will be further information about what we envisage.
Clause read a Second time, and added to the Bill.
'(1) Section (Provision of information about young children: England) has effect with the modifications specified in subsections (2) and (3) until section 7 comes into force.
(2) In subsection (1)—
(a) after "requiring" insert "a person who provides funded nursery education", and
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(b) omit paragraphs (a) and (b).
(3) In subsection (9)—
(a) for the definition of "early years provision" substitute—
""funded nursery education" means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person—
(a) under arrangements made with that person by a local education authority in England in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and
(b) in consideration of financial assistance provided by the authority under those arrangements, other than such education provided by a school for its pupils;",
(b) for the definition of "individual child information" substitute—
"individual child information" means information relating to and identifying individual children for whom funded nursery education is being or has been provided, whether obtained under subsection (1) or otherwise;", and
(c) in the definition of "information collator" for "early years provision" substitute "funded nursery education".'. —[Beverley Hughes.]
Brought up, read the First and Second time, and added to the Bill.
'(1) Regulations may make provision, in relation to Wales, requiring—
(a) a person who is registered under Part 10A of the Children Act 1989 (c. 41) to provide child minding or day care, and
(b) a person who provides funded nursery education, to provide to the relevant person such individual child information as may be prescribed.
(2) In subsection (1), "the relevant person" means one or more of the following—
(a) the Assembly, and
(b) any prescribed person.
(3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information—
(a) to the Assembly, or
(b) to any prescribed person.
(4) The Assembly may provide any individual child information—
(a) to any information collator,
(b) to any prescribed person, or
(c) to any person falling within a prescribed category.
(5) Any information collator—
(a) may provide any individual child information—
(i) to the Assembly, or
(ii) to any other information collator, and
(b) may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed—
(i) to any prescribed person, or
(ii) to any person falling within a prescribed category.
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(6) Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to—
(a) the Assembly,
(b) any information collator, or
(c) any prescribed person.
(7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.
(8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly.
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