Memorandum submitted by the National Deaf
Childrens' Society
ADDITIONAL LEARNING NEEDS PROPOSED LCO
NDCS is the national charity dedicated to creating
a world without barriers for deaf children and young people. We
represent the interests and campaign for the rights of all deaf
children and young people from birth until they lead independent
lives. Our vision is a world without barriers for every deaf child.
Our starting point with this submission is that
governments and legislatures should have the willingness and power
to create a better world for deaf children. Given that Wales has
some devolved functions in this area, it would be better for them
to have all the powers to make a real change in this area, determined
by need and the best interests of deaf children and their families,
than have the scope and nature of the reform driven by legislative
competence restrictions.
We therefore support in principle this LCO with
one caveat; that the definition of disability is a narrow one,
explicitly only covering those with physical or mental disabilities.
We believe that this definition should be expanded to cover those
with a sensory impairment as well. This would remove any doubt
as to the extent of the Order, and remove anomalies at Measure
stage resultant solely from the scope of the LCO.
With that pre-amble, our answers to the questions
in your consultation:
1. To what extent might the transfer of functions
proposed have wider implications for the UK budget?
The LCO is not a transfer of functions, which
can have budgetary implications, but a transfer of legislative
competence which, given the method of funding the devolved legislatures,
won't have any immediate effect on the UK budget.
2. To what extent might the transfer of functions
impact on reserved functions; for example, would the transfer
of functions increase regulatory burdens on business?
We can't see any way in which this LCO would
impact on any reserved functions. It only touches on Education
issues, 100% devolved already.
3. Are there any cross-border issues relating
to the LCO? (Would legislation subsequently be required in England?)
This LCO would simply be enhancing the powers
of the Assembly in areas it already has competency. The only way
in which it would have legislative effects for England would be
if the Westminster Government subsequently decided, having seen
the decisions taken by the Assembly, that some ideas were worth
incorporating into legislation for England. But that would be
a policy decision for the Westminster structures and not in any
way dependent on this LCO.
4. Would the proposed LCO necessitate the
formation or abolition of Walsh institutions and structures? If
so, where does the legislative competence to exercise such changes
lie?
None. Excepting some schools which specialise
in delivery of ALN services, and of which the Assembly Government
and relevant LEA already have responsibility, there are no public
institutions in Wales which specialise in this area (aside from
the NHS and no specialist trusts there) and which could therefore
be affected.
5. Is the LCO request in the spirit and scope
of the devolution settlement?
Yes. It is clearly within the mainstream of
Education, a devolved area.
6. Is the use of the LCO mechanism in accordance
with the Government of Wales Act 2006?
Yes.
7. Is the use of an LCO more appropriate
than, for example, the use of framework powers in a Westminster
Bill?
We are agnostic as to whether the legislative
competence reaches the Assembly via a LCO or via framework powers.
There being no appropriate item of legislation at the moment at
Westminster, this LCO is an entirely suitable vehicle.
8. The extent to which there is a demand
for legislation on the matter(s) in question?
There is widespread public policy interest in
Wales on the issues covered by this LCO, including the biggest
examination of any subject by an Assembly committee, that on SEN
in the previous Assembly. Although we are cautious about the policy
direction signalled by the Assembly Government in SEN thus far,
that is a distinct issue as to whether the Assembly should have
the competence at primary legislation level in this area, which
is the subject of this LCO.
I hope our comments on this issue are helpful
and look forward to hearing your views in due course.
Susan Daniels OBE
Chief Executive
22 October 2007
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