Consultation on the Curriculum and Assessment (Wales) Bill
Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Curriculum and Assessment (Wales) Bill.
Organisation: Diocese of Menevia St. padarns’s Roman Catholic School
1. The Bill’s general principles
1.1 Do you support the principles of the Curriculum and Assessment (Wales) Bill?
Partly
1.2 Please outline your reasons for your answer to question 1.1
(we would be grateful if you could keep your answer to around 1500 words)
I am not supporting the bill in its entirety because it
1. is non-compliant with Article 2 of the First Protocol and Article 9 of the ECHR as set out in the HRA of 1998,
2. contravenes Article 1 of Magna Carta on religious freedom at the very heart of our British constitution,
3. is in direction opposition to the Queen’s coronation oath,
4. will force Catholic schools to breach the legal requirements of their trust deeds,
5. is openly hostile to Catholic teachers who have always taught in a professional, objective and pluralistic manner in line with the ECHR and have always passed the Section 50 RE inspections with respect to this and
6. negates the rights given to Catholics in the Roman Catholic Relief Act of 1791.
1.3 Do you think there is a need for legislation to deliver what this Bill is trying to achieve?
(we would be grateful if you could keep your answer to around 500 words)
While I welcome the broader principles of the new curriculum, I strongly disagree with its breaches of basic human rights for ‘Article 2 of the First Protocol of the HRA of 1998 provides that the state must respect the right of parents religious and philosophical convictions in respect of education and teaching. This aspect of the right is closely aligned to the right of freedom of religion in Article 9. This right belongs to the parent not the student’. This parental right should be maintained according to the Act. I feel freedom of parental choice must be maintained at a higher level than is suggested in the Bill and that this freedom of choice should ensure that no-one is forced to join different churches or schools with a religious or nonreligious character or to be involved with their activities or to pay taxes to them if it is against their wishes to so do.
2. The Bill’s implementation
2.1 Do you have any comments about any potential barriers to implementing the Bill? If no, go to question 3.1
(we would be grateful if you could keep your answer to around 500 words)
Yes, see sections 1.2 and 1.3 above.
2.2 Do you think the Bill takes account of these potential barriers?
(we would be grateful if you could keep your answer to around 500 words)
No, see sections 1.2 and 2.2 above.
3. Unintended consequences
3.1 Do you think there are there any unintended consequences arising from the Bill? If no, go to question 4.1
(we would be grateful if you could keep your answer to around 500 words)
The unintended consequences arising from the Bill relate to my answer for sections 1.2 and sections 2.2 above.
4. Financial implications
4.1 Do you have any comments on the financial implications of the Bill (as set out in Part 2 of the Explanatory Memorandum)? If no, go to question 5.1
(we would be grateful if you could keep your answer to around 500 words)
1. The co-existence of two syllabi will place an unnecessary financial and staffing burden on the school.
2. Our school totally supports the Welsh language and Welsh culture and affirm that both are deeply rooted in a Christian culture that is distinctive to Wales. There is a growing concern that the diversion of funds to support RVE and RE relating to the specific faith syllabi would impact upon the delivery of the Welsh language and Cymraeg 2050.
5. Powers to make subordinate legislation
5.1 Do you have any comments on the appropriateness of the powers in the Bill for Welsh Ministers to make subordinate legislation (as set out in Chapter 5 of Part 1 of the Explanatory Memorandum). If no, go to question 6.1.
(we would be grateful if you could keep your answer to around 500 words)
I disagree with the concept that ministers can be delegated powers to make subordinate legislation as this can be construed as dictatorial. Transparency, honesty, accountability and openness to stakeholder input, together with objectives to make legislation clear and easy to follow with minimum costs and administrative burden are generally agreed to be the best policies to follow in a democracy.
6. Other considerations
6.1 Do you have any other points you wish to raise about this Bill?
(we would be grateful if you could keep your answer to around 1000 words)
1. I believe that the consultation process is flawed and does not take into account a large enough sample of the population. Furthermore paragraph 4.34 of the Bill’s explanatory memorandum admits to the fact that a draft Bill was not published for consultation. This is irregular and another breach of protocol as is the fact that the bill was laid before Senedd during the consultation process.
2. It misrepresents the meaning of the HRA 1998, and the consultation has taken place during the lock-down period which will have precluded many people from taking part.
3. The Senedd is leaving itself open to legal challenge as it seems to be railroading the ratification of these proposals before the new British Bill of Human Rights has been agreed upon.
4. While we work positively and successfully in our multicultural and pluralistic society I feel it is right to acknowledge the pre-eminent place of Christianity in our Welsh society (from its early beginnings in the 6th century) and, as a Catholic School, our parents expect us to nurture their children in the Catholic Faith.