I thank the Chairman and members for the opportunity to attend before the select sub-committee to brief it on the general scheme of the education and training boards Bill. This brief presentation will set out the background to the structures in the vocational education committees, VEC, sector, outline the Bill's purpose and focus on several key provisions.
VECs were established under the Vocational Education Act 1930 and operate principally in accordance with the provisions of this Act and the Vocational Education (Amendment) Act 2001. They are linked to the local authority structure in each area. The existing legislation defines certain functions as reserved to the committee members. All other functions are executive in nature and are performed by the chief executive officer of each VEC or other members of staff to whom such functions have been delegated.
Originally, 38 VECs were established by the 1930 Act. Following a process of rationalisation in the 1990s, which merged several town VECs with their county VEC, this number was reduced to 33. In October last year, the previous Government decided on a reduction to 16 new entities in order to deal with the issues of scale and based on the current and potential prospective requirements of the sector. In June of this year, the Government affirmed the reduction to 16, revised the configuration decided by the previous Government and approved, in principle, the preparation of a new Bill to replace the existing VEC legislation.
In July, the Government decided that a new further education and training authority, to be known as SOLAS, was to be established to replace FÁS. The new authority will operate under the aegis of the Department of Education and Skills and will co-ordinate and fund the wide range of training and further education programmes around the country. The proposals in relation to SOLAS as agreed by the Government envisage a key role for the VECs in the future delivery of further education and training in an integrated manner under the reforms that will be driven by SOLAS. The Minister accordingly proposed that this legislation should be entitled the education and training boards Bill. Last month, the Government approved the publication of the general scheme of an education and training boards Bill, an accompanying explanatory memorandum and their referral at the same time to the Oireachtas Joint Committee on Jobs, Social Protection and Education.
The purpose of the Bill is give effect to the Government decisions by providing for the establishment of the newly-configured bodies as education and training boards, reforming and modernising the governance provisions, and by articulating the functions of the boards to better reflect the actual evolution over time of the role of VECs.
The Bill will replace the nine existing vocational education Acts with one piece of primary legislation. The following heads of the Bill, 8 to 10, inclusive, provide for the establishment of 16 new education and training boards based on the configuration announced at the end of June.
Head 11 provides for an 18-person board composed of ten local authority representatives, two parents' representatives, two staff representatives and four others to be co-opted by the core board from such bodies as the Minister may determine. This is a change from the current arrangements whereby there are nine local authority elected members, or 12 in the case of County Dublin VEC, two members for each urban district within a county area of up to four urban districts, or one member for each urban district where there are more than four urban districts, two parents' representatives, two staff representatives and four community representatives appointed by the local authority, following consultation with the other members appointed to the VEC.
Where an education and training board is to be composed of representatives of more than one local authority, the composition of the ten local authority members will be formed in such proportions as the Minister, by order, determines. This follows the existing approach adopted in relation to County Dublin VEC which has local authority representation from Fingal County Council, South Dublin County Council and Dún Laoghaire-Rathdown County Council. Head 12 provides that the term of office of each member of an education and training board will commence on the first meeting of such a board following a local election. In the case of the first boards to be constituted under this legislation, the existing VEC members will continue in office after the commencement of this legislation as members of the relevant education and training board, pending the next local elections. This will provide an important support to the transition from VECs to education and training boards.
The role of VECs in education has evolved considerably since their establishment. Their functions today are much wider than the original concepts of vocational and technical education, which are set out in the 1930 Act. Part 4 of the Bill seeks to modernise the language around the functions of the new education and training boards to reflect their important role.
Heads 22 and 23 provide for overarching objectives and specific functions including: the establishment of schools, centres for education and other education and training settings; the provision of education and training in those settings; provision of education and other supports to institutions other than education and training board facilities; co-operating with other education and training establishments in each board's functional area; and provision of training on behalf of bodies which fund training. These heads reflect the proposed restructuring of what is now SOLAS and the delivery by education and training boards of training previously provided by FÁS.
Head 28 provides for a streamlining of existing procedures in relation to the annual service plan by allowing education and training boards to adopt an annual service plan based on a provisional expenditure limit in advance of knowing its finalised budget for the year. In practice, this could be based on a percentage of their budget in the preceding year.
Head 32 permits education and training boards to jointly operate education facilities with bodies that are not education and training boards and to provide support services, such as procurement, financial or HR expertise, to other education service providers in certain circumstances.
The Bill proposes to end the current requirement to hold sworn inquiries prior to a staff member's removal from office. Instead, it removes the bar on staff from taking an unfair dismissals claim to the Employment Appeals Tribunal. The involvement of the Minister in the dismissal of VEC employees is also removed, except where it relates to the chief executive officer.
The Bill also deals with financial governance, accountability and transitional arrangements for the transfer from VECs to the new education and training boards.
It is intended that the Bill will be both an enabling and reforming legal instrument. It will concentrate the governance, powers and functions of education and training boards in one Bill, modernise the statutory framework in this area and remove outdated terminology.