Amendments Nos. 1 to 3, inclusive, 5, 6, 21 to 23, inclusive, 32, 39 and 40 are related and may be discussed together.
Further Education and Training Bill 2013: Report Stage
I move amendment No. 1:
In page 5, between line 27 and 28, to insert the following:
" "education and training board" means an education and training board established by section 9 of the Education and Training Boards Act 2013;".
This drafting amendment defines an "education and training board" within the meaning of the Education and Training Boards Act 2013. This amendment replaces the existing holding definition of a "training body" in the Bill, which was used pending the passing of the Education and Training Boards Act 2013, which took place recently.
Amendment agreed to.
I move amendment No. 2:
In page 6, to delete lines 4 to 12.
This is a drafting amendment that deletes the definition of a training body.
Amendment agreed to.
I move amendment No. 3:
In page 7, line 13, to delete “training bodies” and substitute “education and training boards”.
Amendment agreed to.
Amendments Nos. 4 and 7 to 10, inclusive, are related and may be discussed together.
I move amendment No. 4:
In page 7, line 17, to delete “training” and substitute “training and retraining”.
This is a drafting amendment to align SOLAS training functions with that of FÁS to ensure seamless continuity of service delivery following the establishment of SOLAS.
I welcome amendment No. 4, which recognises the importance of retraining and not just training, which is an important addition. Amendment No. 7 inserts into the functions the promotion of equality of opportunity in regard to the provision of further education and training, which is an important addition. It is an issue we discussed on Committee Stage and we did a lot of work with other Members and with the advocacy groups in this regard. It is an important amendment, which I welcome.
I also welcome amendment No. 8, which will ensure an enhanced level of co-operation with the Department of Social Protection in terms of the people who will be able to avail of training and retraining. It is another important amendment, and, coupled with amendment No. 7, greatly enhances the functions of "An tSeirbhís" and the overall Bill.
Amendment agreed to.
I move amendment No. 5:
In page 7, line 20, to delete “training bodies” and substitute “education and training boards”.
Amendment agreed to.
I move amendment No. 6:
In page 7, line 31, to delete “training bodies” and substitute “education and training boards”.
Amendment agreed to.
I move amendment No. 7:
In page 7, between lines 33 and 34, to insert the following:
“(i) promote equality of opportunity in relation to the provision of further education and training,”.
Amendment agreed to.
I move amendment No. 8:
In page 7, between lines 47 and 48, to insert the following:
“(2) An tSeirbhís shall, upon a request from the Minister, provide the Minister with information, in such form and manner as the Minister may specify, as respects persons placed in further education and training programmes to which paragraph (g) of subsection (1) applies.”.
Amendment agreed to.
I move amendment No. 9:
In page 7, between lines 47 and 48, to insert the following:
“(3) An tSeirbhís may, for the purpose of defraying any expense incurred by it in the provision of any service, charge a fee to the recipient of the service provided that any such fee shall not exceed the cost to An tSeirbhís of providing the service.”.
Amendment agreed to.
I move amendment No. 10:
In page 7, between lines 47 and 48, to insert the following:]
“(4) An tSeirbhís may, for the purposes of any further education and training that it is, for the time being, providing in the State to persons who are ordinarily resident in the State provide, or arrange for the provision of, a service to those persons outside the State.”.
Amendment agreed to.
Amendments Nos. 11 to 14, inclusive, are related and may be discussed together.
I move amendment No. 11:
In page 8, line 32, to delete “in the course of” and substitute “for the purpose of”.
Amendment No. 11 is simply a drafting amendment replacing the phrase “in the course of” and substituting “for the purpose of” in section 9(4). With regard to amendment No. 12, Deputy O'Brien spoke of the significant collaboration and discussion that has occurred at committee level on this legislation. The learning and community education sector are very much part of the provision of further education and training. Following discussion on Committee Stage of that Bill and again at a subsequent informal meeting with the select committee, I am bringing forward this amendment to highlight the role of these groups in the development of the further education and training strategy. Amendment No. 12 provides that, in addition to other named bodies, SOLAS may consult community education providers and learners.
In recognition of the need to improve literacy and numeracy in the country, and following similar discussions on Committee Stage of the Bill and again at a subsequent informal meeting with the select committee, I am bringing forward this amendment to ensure the inclusion of a literacy and numeracy strategy as part of the development of an overall further education and training strategy. Amendment No. 13 provides that the national further education and training strategy developed under section 9 shall include a strategy aimed at promoting, developing and encouraging literacy and numeracy.
With regard to amendment No. 14 in the name of Deputy Boyd Barrett, I believe the substantive issue raised is dealt with in the context of amendment No. 13. We have now made a commitment, which is provided for in the legislation, to secure the inclusion of a literacy and numeracy strategy as part of the development of a further education and training strategy under SOLAS.
On a minor point of order before I make my substantial comments on the amendment, why are amendments Nos. 11 and 12 grouped with amendments Nos. 13 and 14? They are separate issues, are they not? It does not matter much but I wonder why they are grouped.
I understand they are grouped by the Bills Office.
They seem to be distinct issues.
It is designed to avoid repetition so there must be something linking them.
I am curious about that. I welcome the Minister of State's acknowledgement of the issue that is the subject of my amendment No. 14. Like his amendment probably is, my amendment is a result of lobbying by people active in the area of adult literacy. They were keen that a specific commitment be included in the Bill on the need for a strategy on literacy and numeracy, given it is such an important issue. One in four people in the country - a very high figure - has literacy or numeracy problems of some degree. It is welcome that the Minister of State has included this and well done to the organisations that have pushed and lobbied for this inclusion.
I hope this commitment in the legislation will also be backed up with resources and with the implementation of such a strategy. It is an important issue. In passing, I note that the cuts or changes to the pupil-teacher ratio in further education colleges will potentially have an impact on this area and on the ability of the State and the Department of Education and Skills to have a strategy that really works and develops our literacy and numeracy campaign. The organisations that are campaigning on these issues and that advocate on behalf of those who have literacy issues have said a lot more needs to be done than is being done currently. We need outreach strategies and we need to have more hours of tuition for those, given the average is currently two to three hours and these organisations suggest it should be up to six hours. They also suggest more one-to-one tuition is needed for people with literacy and numeracy problems.
All of those issues require resources. While it is a welcome step that this is included in the Bill, I hope the Government and the Minister of State can assure us it will be backed up with resources. As we discussed in other contexts, we need some sort of assurance that this area will not be adversely affected by the cuts and changes in the pupil-teacher ratio in the further education colleges, which I and people in that sector fear it may be.
I welcome amendments Nos. 12 and 13. There was considerable discussion on Committee Stage. The inclusion of the community education providers was a very important issue for which there was cross-party support. I know there were many difficulties about how we would draft that to include community education providers. Thankfully, we have been able to do it.
The inclusion of these amendments cannot be overstated because they are so significant in terms of how further education will develop from the moment this legislation passes. The fact that for the first time, it will be enshrined in legislation that community education providers and adult learners will be consulted about the strategy that will be developed for the next five years will have a knock-on effect on every strategy that follows. I know we had a minor disagreement about the words "may" and "shall" but I understand that it is a drafting matter. We have received a commitment from the Minister of State that groups like NALA and Aontas will be consulted about and make a significant contribution to the development of the strategy.
Amendment No. 13 states that the strategy shall include a plan for the provision of further education and training programmes in the State aimed at promoting, developing and encouraging literacy and numeracy. That is a very significant development in this legislation. It may not be picked up by many members of the media but its importance will be felt for many years to come and will enhance the ability of many citizens, mostly those who have been disenfranchised and who have suffered because of lack of resources in this area. I would have preferred Deputy Boyd Barrett's amendment because it is more concrete in terms of what it sets out to achieve. Having discussed the legislation with the Minister of State on Second Stage and Committee Stage and in private meetings and with groups advocating for the literacy and numeracy strategy who deal with adult learners and community education providers, I have no doubt that there is a real commitment by the Department and Government to include these issues. This legislation has been greatly strengthened as a result of the inclusion of these amendments.
I also congratulate the Minister of State on the way he took on board views and gave a commitment to Deputies from all parties on Committee Stage that he would go away and try to come up with wording that would satisfy all of us. That is the way we should be discussing and formulating legislation in here. It was done on the basis of partnership. The Government not only listened to what was being said; it went away and tried to include the views of all the Members in this House and the legislation is all the better for it. I thank the Minister of State for his contribution from Committee Stage to Report Stage. We look forward to the passage of the Bill.
I will be very brief because Deputies Boyd Barrett and O'Brien have touched on the same issue about which I wrote to the Minister. This was to make SOLAS responsible for developing an adult literacy and numeracy strategy. That is included in the Bill. It is very seldom that one hears Opposition Members of the Dáil praise the Minister but it is great to see that the Minister of State has accepted this. We were all lobbied on this. I wrote to the Minister of State who wrote back to say that he would consider accepting this and I thank him for doing so.
I apologise for missing the passing of the first few amendments. I was delayed. Like the previous speakers, I commend the Minister of State for his co-operative and engaging approach to this Bill and for discussing the various issues raised with him. One very important amendment he has agreed to is that relating to the need for an adult numeracy and literacy strategy and the obligation on SOLAS to develop that and ensure it is a core rationale behind the work it carries out.
I also welcome the fact that the Minister of State has explicitly included an obligation on the part of SOLAS to consult with the various actors within adult literacy and community and further education in developing them. It will be very significant for the work carried out by SOLAS and will ensure that the need for continuous development of adult literacy and numeracy is a key part of its work.
I have always firmly believed that legislation, particularly in its draft form like this Bill, is a living, breathing and evolving document. If we are to have faith in the democratic process, as we should, innovative ideas as to how we can improve legislation, irrespective of the quarter from which they emanate, should be genuinely discussed and, if at all possible, taken on board. The Minister and I were intent on engaging with and taking on board the concerns of all members of the committee and the further education and training community across the country.
That is the strength of the committee system. Rather than engaging in an adversarial approach to policy and legislative development, we should instead work together using a collaborative and collegiate approach to produce the best possible legislation. I am convinced that as we come towards the end of this process, that is exactly what we have done. I thank all the members of the committee in particular for their engagement and collaboration and the wisdom they expressed during the debate, particularly on Committee Stage. I hope that together we have created a model that might be adopted in other areas of legislation. If we are to stand over the quality of our democracy, we need to be able to show that this kind of deliberation and intense and forensic analysis of all legislation, to ensure the best possible outcome, should be the norm rather than the exception in the future.
Amendment agreed to.
I move amendment No. 12:
In page 8, to delete lines 36 to 40 and substitute the following:
"(5) An tSeirbhís may, for the purpose of preparing a strategy under this section, consult with—
(a) An tÚdarás um Ard-Oideachas, Enterprise Ireland, Teagasc or Quality and Qualifications Ireland,
(b) such education and training boards as it considers appropriate, or
(c) such—
(i) other providers of further education and training programmes
(including community education providers),
(ii) persons in receipt of further education and training,
(iii) employers, or
(iv) other persons,
as it considers appropriate.".
Amendment agreed to.
I move amendment No. 13:
In page 8, between lines 40 and 41, to insert the following:
"(6) A strategy under this section shall include a strategy for the provision of further education and training programmes in the State aimed at promoting, developing and encouraging literacy and numeracy.".
Amendment agreed to.
Amendment No. 14 not moved.
Amendments Nos. 15 to 20, inclusive, are related and may be discussed together.
I move amendment No. 15:
In page 9, line 10, to delete "10 ordinary members" and substitute "12 ordinary members".
Again, these amendments have emanated from the discussion we had both formally and informally. In view of the wide-ranging and diverse nature of the provision of further education and training, I have decided to increase the size of the board from 11 to 13, including the chairperson. This will ensure we have the relevant expertise in policy matters relating to further education, training and corporate governance matters and that they are adequately represented on the board of this type of organisation. Amendment No. 15 increases the number of ordinary members on the board from ten to 12.
Are we discussing amendments Nos. 15 to 20?
Shall I continue?
Amendment No. 16 is a drafting amendment arising as a result of the size of the board. It increases from seven to eight the number of appointments that are subject to consultation with the Minister for Social Protection and the Minister for Jobs, Enterprise and Innovation. Amendment No. 17 is a drafting amendment that arises as a result of the insertion of a new subsection in section 10(3). Following discussions on Committee Stage and at a subsequent informal meeting I am bringing forward amendment No. 18 to include a provision in the Bill for the Minister to appoint a representative of learners' interests to the board of SOLAS. This is in keeping with a number of pieces of legislation in the education sector in recent times and bearing in mind that the ultimate aim of SOLAS is to provide the very best possible experience for our learners in the future. It is only appropriate that those learners would have a representative on the board of SOLAS. Amendment No. 18 provides for the appointment of that representative to the board of SOLAS by the Minister. Amendment No. 19 is a drafting amendment that arises due to the increase in the size of the board. It provides that the number of board members to serve for four years in respect of the initial board is increased from three to four. Amendment No. 19 is again a drafting amendment that arises due to the increase in the size of the board. It provides that the number of board members to serve for five years in respect of the initial board is increased from three to four.
I endorse the amendments. I note the importance of taking the steps to expand the board slightly in order to cater for additional members and particularly the specific amendment to ensure a representative of the learners and those in the further education and community sector can be included on the board.
Amendment agreed to.
I move amendment No. 16:
In page 9, line 20, to delete “7 shall be appointed” and substitute “8 shall be appointed”.
Amendment agreed to.
I move amendment No. 17:
In page 9, line 30, to delete “and”.
Amendment agreed to.
I move amendment No. 18:
In page 9, line 35, to delete “paragraph (a).” and substitute the following:
“paragraph (a),
(c) one shall be appointed by the Minister from among persons who in his or her opinion are representative of the interests of persons who are, for the time being, in receipt of further education and training.”.
Amendment agreed to.
I move amendment No. 19:
In page 10, line 4, to delete “3 members” and substitute “4 members”.
Amendment agreed to.
I move amendment No. 20:
In page 10, line 7, to delete “3 members” and substitute “4 members”.
Amendment agreed to.
I move amendment No. 21:
In page 15, line 3, to delete “a training body” and substitute “an education and training board”.
Amendment agreed to.
I move amendment No. 22:
In page 15, line 7, to delete “a training body” and substitute “an education and training board”.
Amendment agreed to.
I move amendment No. 23:
In page 15, line 20, to delete “a training body” and substitute “an education and training board”.
Amendment agreed to.
Amendments Nos. 24 and 25 are related and may be discussed together.
I move amendment No. 24:
In page 18, line 9, to delete “any” and substitute “a”.
This is a technical drafting amendment relating to the transfer of staff from FÁS to SOLAS. Amendment No. 25 is also a technical drafting amendment relating to the transfer of staff from FÁS to SOLAS.
Amendment agreed to.
I move amendment No. 25:
In page 18, line 14, to delete “beneficial” and substitute “favourable”.
Amendment agreed to.
Amendment No. 26 arises out of committee proceedings.
I move amendment No. 26:
In page 18, to delete lines 29 to 37 and substitute the following:
29.—(1) As soon as may be after the establishment day, An tSeirbhís shall prepare and submit to the Minister a scheme or schemes for the granting of superannuation benefits to or in respect of—
(a) persons who were accepted into its employment in accordance with section 28,
(b) such other members of its staff (including the chief executive but not including persons to whom the Single Public Service Pension Scheme applies by virtue of Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012) as it considers appropriate, and
(c) former members of the staff (other than those who were accepted into the employment of An tSeirbhís in accordance with section 28) of the dissolved body, including those who are deceased.
(2) Every such scheme shall fix the time and conditions of retirement for all persons to, or in respect of whom, superannuation benefits are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.
“Superannuation.
(3) An tSeirbhís may at any time prepare and submit to the Minister a scheme amending or revoking a scheme previously submitted and approved under this section.
(4) A scheme or amending scheme submitted to the Minister under this section shall, if approved by the Minister with the consent of the Minister for Public Expenditure and Reform, be carried out by An tSeirbhís in accordance with its terms.
(5) (a) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit pursuant to a scheme under this section, such dispute shall be submitted to such person and determined in such manner as may be specified in the scheme.
(b) A scheme under this section shall make provision for an appeal from a
determination of a person referred to in paragraph (a) to such other person as may be specified in the scheme.
(6) A superannuation benefit shall not be granted by An tSeirbhís to or in respect of any of its staff (including the chief executive) who are members of a scheme under this section and no other arrangement shall be entered into for the provision of any superannuation benefit to such persons on their ceasing to hold office, other than in accordance with such scheme or schemes submitted and approved under this section or an arrangement approved by the Minister and the Minister for Public Expenditure and Reform.
(7) (a) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, a scheme under subsection (1) shall, as respects—
(i) a person accepted into the employment of An tSeirbhís in accordance with section 28, or
(ii) a former member of the staff of the dissolved body referred to in paragraph (c) of subsection (1), provide for the granting to or in respect of him or her of superannuation
benefits upon and subject to such terms and conditions as are not less favourable to him or her than the terms and conditions in relation to the grant of such benefits that applied to him or her immediately before the establishment day.
(b) Any period of service by a person as a member of the staff of the dissolved body which was a period of reckonable service for the purposes of a scheme for the granting of superannuation benefits to or in respect of members of the staff of the dissolved body shall be regarded as a period of reckonable service for the purposes of any scheme under subsection (1).
(8) (a) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person who was accepted into the employment of An tSeirbhís in accordance with section 28, the benefit shall be calculated and paid by An tSeirbhís in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day and, for that purpose, his or her pensionable service with An tSeirbhís shall be aggregated with his or her previous pensionable service.
(b) Where, in the period beginning on the establishment day and ending immediately before the commencement of a scheme under this section, a superannuation benefit falls due for payment to or in respect of a person (including a person who is deceased) who was a member of the staff of the dissolved body but was not accepted into the employment of An tSeirbhís in accordance with section 28, the benefit shall be calculated and paid by An tSeirbhís in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the establishment day.
(9) The Minister shall cause every scheme submitted and approved under this section to be laid before each House of the Oireachtas as soon as may be after it is approved, and if either such House within the next 21 days on which that House sits after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to anything previously done thereunder.”.
This amendment is a revision of the superannuation provisions currently set out in the Bill. It reflects the standard provision for this type of organisation. It takes account of the provisions of the Public Services Act 2012 and it also takes account of the current policy provisions in relation to superannuation in the public service generally. The amendment provides that SOLAS shall prepare and submit to the Minister a superannuation scheme for the staff of the organisation. The scheme is subject to the approval of the Minister with the consent of the Minister for Public Expenditure and Reform and each scheme shall be laid before both Houses of the Oireachtas.
Amendment agreed to.
I move amendment No. 27:
In page 21, line 34, to delete “to a fine not exceeding €5,000” and substitute “to a class A fine”.
This is a technical drafting amendment to take account of the Fines Act 2010 which will future-proof the level of the fine.
Amendment agreed to.
I move amendment No. 28:
In page 22, to delete lines 21 to 24 and substitute the following:
“(c) References in any enactment or instrument under an enactment to An Foras Áiseanna Saothair (howsoever described) shall be construed as references to An tSeirbhís save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.”.
The amendment is a standard provision in legislation and provides that references to FÁS in other primary and secondary legislation will be construed as references to SOLAS.
Amendment agreed to.
Amendment No. 29 is a drafting amendment arising out of committee proceedings.
I move amendment No. 29:
In page 23, line 50, to delete “associations” and substitute “association”.
This is a technical drafting amendment correcting a word in section 43(3).
Amendment agreed to.
Amendments Nos. 30, 41, 42 and 43 are related and may be discussed together.
I move amendment No. 30:
In page 24, between lines 34 and 35, to insert the following:
45.—In this Part “property vesting day” has the meaning assigned to it by section 46* .”.
Amendment No. 30 provides for the definition of "vesting day" in respect of the transfer of property for SOLAS to the education and training boards. FÁS training centres will be transferred initially to SOLAS and then to the appropriate education and training board. Amendment No. 41 provides that the Minister may, from time to time, transfer SOLAS property to the education and training boards. All functions relating to this property shall be transferred to the education and training boards. Amendment No. 42 provides that all rights and liabilities in respect of the property transfer from SOLAS to the education and training boards will also be transferred. Amendment No. 43 provides that anything commenced by SOLAS prior to the vesting day shall be completed by the appropriate education and training board. This will provide again for the continuity of service following the transfer of training centres to the education and training boards.
Amendment agreed to.
Amendments Nos. 31, 33 and 37 are related and may be discussed together.
I move amendment No. 31:
In page 24, to delete lines 35 to 37 and substitute the following:
“45.—(1) The Minister may designate for employment by an education and training board specified by him or her a person who is a member of the staff of An tSeirbhís.”.
Amendment No. 31 is a technical drafting amendment relating to the transfer of staff from SOLAS to the education and training boards as set out in section 45 of the Bill. Amendment No. 33 is a technical drafting amendment that relates to the transfer of staff from SOLAS to the education and training boards as set out in section 45 of the Bill. Amendment No. 37 is a technical drafting amendment relating to the transfer of staff from SOLAS to the education and training boards as set out in section 45 of the Bill.
Amendment agreed to.
I move amendment No. 32:
In page 24, lines 38 and 39, to delete “a training body” and substitute “an education and training board”.
Amendment agreed to.
I move amendment No. 33:
In page 24, lines 39 and 40, to delete “immediately before the transfer day”.
Amendment agreed to.
Amendments Nos. 34 to 36, inclusive, and 38 are related and may be discussed together.
I move amendment No. 34:
In page 25, to delete lines 1 to 4 and substitute the following:
“(3) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the Minister for Public Expenditure and Reform, an education and training board shall accept into its employment on the employment transfer day in accordance with this section any person who immediately before that day is a member of the staff of An tSeirbhís and is designated by the Minister for employment by that education and training board, on such terms and conditions of service relating to remuneration as are not less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.”.
Amendment No. 34 is a technical drafting amendment providing that the terms and conditions for a person transferred from SOLAS to the education and training board shall be no less favourable than the terms and conditions of service relating to remuneration to which the person was subject immediately before the transfer date. Amendment No. 35 is a technical drafting amendment that provides for the deletion of section 45(4). These provisions have been replaced by the provisions contained in amendment No. 34. Amendment No. 36 is a technical drafting amendment that provides that the terms and conditions relating to superannuation as applied to the person immediately before the employment transfer day shall apply following the transfer to an education and training board. Amendment No. 38 is a technical drafting amendment to amend "transfer day" and substitute "employment transfer day" in section 45(7).
Amendment agreed to.
I move amendment No. 35:
In page 25, to delete lines 5 to 14.
Amendment agreed to.
I move amendment No. 36:
In page 25, to delete lines 15 to 25 and substitute the following:
“(5) Save in accordance with a collective agreement negotiated with a recognised trade union or staff association and approved by the Minister with the consent of the
Minister for Public Expenditure and Reform, the entitlement to any superannuation benefit of a person who was—
(a) accepted into the employment of An tSeirbhís in accordance with section 28, and (b) subsequently designated under this section and accepted into the employment of an education and training board, shall be determined, and the benefit shall be calculated and paid, by the education and training board in accordance with such scheme, arrangements or enactments in relation to superannuation, as applied to the person immediately before the employment transfer day and, for that purpose, his or her pensionable service with the education and training board shall be aggregated with his or her previous pensionable service (including his or her pensionable service with An tSeirbhís).”.
Amendment agreed to.
I move amendment No. 37:
In page 25, lines 26 and 27, to delete all words from and including “transferred” in line 26 down to and including “section” in line 27 and substitute the following:
“who were accepted into the employment of an education and training board in accordance with this section”.
Amendment agreed to.
I move amendment No. 38:
In page 25, line 34, to delete “transfer day” and substitute “employment transfer day”.
Amendment agreed to.
I move amendment No. 39:
In page 25, line 35, to delete “a training body” and substitute “an education and training board”.
Amendment agreed to.
I move amendment No. 40:
In page 25, lines 37 and 38, to delete “training body” and substitute “education and training board”.
Amendment agreed to.
I move amendment No. 41:
In page 25, between lines 39 and 40, to insert the following:
46.—(1) The Minister may, from time to time, by order, appoint a day (in this section referred to as a “property vesting day”) for the purposes of this section and different property vesting days may be so appointed in relation to different education and training boards.
(2) An order under this section shall designate such land or other property of An tSeirbhís and such education and training board as the Minister may determine for the purposes of this section.
(3) On a property vesting day any land designated by the order and all rights, powers and privileges relating to or connected with such land shall, without any conveyance or assignment, stand vested in the education and training board designated by the order for all the estate or interest therein that, immediately before that day, was vested in An tSeirbhís, but subject to all trusts and equities affecting the land continuing to subsist and being capable of being performed.
(4) On a property vesting day all property (other than land), including choses-inaction, designated by the order that immediately before that day, was vested in An tSeirbhís shall, without any assignment, stand vested in the education and training board designated by the order.
(5) Every chose-in-action vested in an education and training board by virtue of subsection (4) may, on and after the property vesting day concerned, be sued on, recovered or enforced by the education and training board in its own name, and it shall not be necessary for the education and training board or An tSeirbhís to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.
(6) All functions of An tSeirbhís connected with any land or other property standing vested in an education and training board by virtue of this section shall, from the property vesting day concerned, be performable by that education and training board in relation to such land or property.”.
Amendment agreed to.
I move amendment No. 42:
In page 25, between lines 39 and 40, to insert the following:
47.—(1) All rights and liabilities of An tSeirbhís—
(a) subsisting immediately before a property vesting day, and (b) arising by virtue of any contract or commitment (expressed or implied)—
(i) relating to any land or property designated by the order under section 46* that appointed that day, or (ii) for the provision of a service that immediately before that day was
provided on land so designated, shall on that day stand transferred to the education and training board designated by that order.
(2) Every right and liability transferred by subsection (1) to an education and training board may, on and after the property vesting day on which the right or liability stood transferred, be sued on, recovered or enforced by or against the education and training board concerned in its own name, and it shall not be necessary for the education and training board or An tSeirbhís to give notice to the person whose right or liability is transferred by that subsection of its transfer.
(3) Every lease, licence, wayleave or permission granted by An tSeirbhís in relation to land or other property vested in an education and training board by or under this Act, and in force immediately before the property vesting day concerned, shall continue in force as if granted by that education and training board.”.
Amendment agreed to.
Debate adjourned.