Select Committee on Social Affairs debate -
Thursday, 8 May 1997

SECTION 2.

Ms Bhreathnach

I move amendment No .2:

In page 6, subsection (1), between lines 1 and 2, to insert the following definition:

"‘articles of management' mean any instruments, relating to the operation and management of schools, as shall be agreed from time to time by patrons of schools, national associations of parents and recognised trade unions and staff associations representing teachers;".

This is a technical amendment made necessary by the fact that articles of management are mentioned in a later amendment.

Mr. Martin

This seems to be more than just a technical amendment. Does that refer to agreements relating to the management of the school and will they be between the patrons, national associations of parents and recognised trade unions and staff associations?

Historically, there have been agreements in voluntary secondary schools between management, the ASTI and TUI relating to pay, conditions and so on. One of the big issues raised by the ASTI in its submission to the committee and to various politicians was that historic agreements and practices between the trade unions and management should not be superseded by this Bill, and that the agreements which have been arrived at to date on the management of voluntary and lay voluntary secondary schools should not be undermined by the Bill. Will this amendment have implications for later amendments?

Ms Bhreathnach

This amendment was tabled because of the use of the term "articles of management" in a later amendment. The term typically describes how a board of management would run its own affairs and those of the school. Standard articles of management generally include rules for the composition of, procedures of and election to membership of a school's board of management; the powers and duties of a board of management; rules in relation to the day to day running of a school, access to a school and use of school premises; rules relating to the administration of a school's finances and the role of a board of management in relation to the appointment and dismissal of both teaching and non-teaching staff.

Mr. Martin

That is very important. The omission of a reference to existing articles of management was a major cause of concern to the ASTI, in particular, especially the section dealing with pay and conditions of staff. These have been agreed in the voluntary secondary sector between the management, the staff associations and the trade unions in the context of Government pay policy, etc. However, by and large, those articles of agreement are in existence. The Minister indicated that this had been introduced because it affects further amendments.

Ms Bhreathnach

Amendment No. 50 refers to the Protestant traditions relating to the organisation of schools and the rights of schools to manage their own affairs in accordance with the Act, including any charters, deeds and articles of management. We discussed this earlier. I would also refer the Deputy to amendments Nos. 171 and 222.

Mr. Martin

It is not just a technical amendment but a very important one.

Ms Bhreathnach

It is made necessary by the fact that articles of management are mentioned in a later amendment.

Mr. Martin

It is important to have that on the record. In its submission to the committee, the ASTI proposed a series of amendments for the deletion of the term "staff associations". The term reappears in this amendment. Why did the Minister consider it necessary to include it? The social partners in education — the ASTI and the TUI — refer to themselves as trade unions.

Ms Bhreathnach

The parliamentary draftsman advises me that he does not consider it necessary to define the term "staff associations".

Mr. Martin

The ASTI has a difficulty with the definition. It affects different sections of the Bill. In the amendments which it submitted to the committee, the ASTI made clear that it wanted the term "staff associations" deleted perhaps because it was suspicious that there may be an attempt to undermine the existing trade unions, such as the ASTI, the TUI, etc.

Ms Bhreathnach

The majority of teachers are represented by one of the three big teaching unions. There are also number of small staff associations and the Bill provides that these associations be constructively involved in the work of the education boards and the education system generally.

Mr. Martin

What are the staff associations?

Ms Bhreathnach

It does not take from the role of the trade unions. Under the partnership which we both passionately support, amendments and changes will be decided by the associations. There is, for example, a principles' association.

Mr. Martin

They would not be staff associations.

Ms Bhreathnach

There are a few associations——

Mr. Martin

Could the Minister name them?

Ms Bhreathnach

I will revert to the Deputy on that.

Chairman

Amendment No. 37 in the name of Deputy Keogh should appear in the names of Deputies Keogh, Martin and Coughlan. As it is now past 4 o'clock, I propose that the committee adjourn.

The Select Committee adjourned at 4.5 p.m.