Minutes of Proceedings

Session: 2011/2012

Date: 23 September 2009

Venue: Room 21, Parliament Buildings

The Chairperson opened the meeting at 10.09am in public session.

1. Apologies

None.

2. Minutes of the Meeting of 16 September 2009

Agreed – the Committee approved the draft minutes of the meeting of 16 September 2009.

3. Matters Arising

Mr O Dowd joined the meeting at 10.12am 
Mr McCrea joined the meeting at 10.13am 
Mrs Bradley in at 10.14am

(a) The Committee noted correspondence of 14 September 2009 from the Department of Education enclosing consultation documents on the School Admissions (Exceptional Circumstances) Regulations 2010.

Agreed – the Committee would write to the Department of Education to request an analysis of the consultation responses (including the way forward) and briefing from officials on the draft Regulations.

(b) The Committee noted correspondence of 22 September 2009 from the Minister of Education in relation to possible further amendments to, and suggestions to the Committee on, the Education Bill.

Members discussed the scheduling of the Consideration Stage debate and the deadline for tabling amendments to the Bill and requested that the Clerk provide a paper on this for next week’s meeting.

Mr McCallister joined the meeting at 10.18am

A Department official was invited to join the Committee to answer questions from Members on the effect of delaying the commencement of the establishment of ESA on the Education and Library Boards beyond 1 January 2010 and when the Second Bill will be made available to the Committee.

The Official confirmed that if for some reason the Bill did not become law by 1 January 2010, as the existing legislation would remain in place, the Education and Library Boards would not be dissolved; they would remain in existence and could continue to pay staff and discharge their function, however the membership of Education and Library Boards (E&LBs) would have to be reconstituted at that point. A Member cautioned against the use of such temporary measures regarding E&LBs which can become more permanent.

The official confirmed that Minister’s aim remains to be the establishment of the ESA by 1 January 2010. The official also confirmed that the Second Bill is available in draft and can be forwarded to the Committee for next week’s meeting, subject to the Minister’s approval.

(c) The Committee noted correspondence of 22 September 2009 from the Department of Education on Schedules 3, 4 and 7 of the Education Bill. Members raised concerns that the issue of tax liability had not yet been finalised.

(d) The Committee noted correspondence of 18 September 2009 from the Department of Education providing the attendance list for the Controlled Schools Sectoral meeting of 10 September 2009.

Members raised concerns regarding the representation at this meeting and earlier meetings with regards to continuity, in relation to lack of representation from west of the Bann, from the Controlled schools secondary sector and controlled sector school governors (including Chairpersons and Parent Governors). The Committee requested officials to forward the invitation list for the first meeting of the group, the group’s work programme, planned actions and a minute of the group’s discussions to date. It was noted that some of this had been requested by the Committee previously and had yet to be received.

(e) A Member raised concerns that the Committee had not yet received information requested from Department officials during last week’s briefing on September Monitoring of the Education Budget for 2009 – 2010 in relation to the surrender of £0.8 million STEM Innovation Funding .

Agreed – the Committee would write to the Department to request an urgent response on this.

4. Correspondence

(a) The Committee noted a copy of correspondence of 10 September 2009 from NASUWT enclosing information on the America Federation of Teachers Civic Voices Programme.

(b) The Committee noted correspondence of 11 September 2009 from the Department of Education enclosing copies of a joint consultation document with the Department of Health, Social Services and Public Safety in relation to the proposed Food in Schools Policy.

Agreed – The Committee would write to the Department of Education to request an analysis of the consultation responses (including the way forward) and would consider the option of a presentation from officials on this later in the year.

(c) The Committee noted a Press Release of 16 September 2009 from the Department of Education entitled ‘Ministers Commend Education and Training Inspectors’.

(d) The Committee noted a Press Release of 17 September 2009 from the Department of Education entitled ‘Minister announces further significant progress on the Lisnanelly shared educational campus ’.

5. Education Bill – CLAUSE BY CLAUSE SCRUTINY

The Committee commenced its formal clause-by-clause consideration of the Education Bill to decide its recommendations to the Assembly on the individual Clauses and Schedules of the Bill, including in particular, proposed Departmental amendments and Committee amendments.

Clause 1 - The Education and Skills Authority

Agreed – That the Committee is content with Clause 1 as drafted.

Schedule 1 - The Education and Skills Authority

Mr Bradley proposed an amendment to Schedule 1, 2(1)(b):

leave out ‘7 or more than 11’ and insert ‘15 or more than 20’

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Schedule 1, paragraph 2(1)(b) be amended as set out above.

The Committee also considered a proposed amendment by Mr Lunn to Schedule 1, paragraph 2(2)(a) - leave out ‘a majority’ and insert ’one third’ should be noted by the Committee and considered before the Consideration Stage of the Bill.

The Committee divided: Ayes 1; Noes 8; Abstain 2

AYES

NOES

ABSTAIN

Trevor Lunn

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

Agreed – That the Committee would not consider Mr Lunn’s proposed amendment further.

The Committee considered a proposed Committee amendment after Schedule 1, 2(2)(b) to ensure the ESA membership is representative of the community in Northern Ireland:

Schedule 1, page 31, paragraph 2, line 23, at end insert:

‘and:

(c) that the members, as a group, are representative of the community in Northern Ireland’

Mr Bradley proposed and additional word to be included in the amendment:

to insert ‘proportionately’ before ‘ representative’ .

The Committee also considered a related proposed Committee amendment to insert a new paragraph 23 at the end of Schedule 1 to define ‘representative of the community of Northern Ireland’.

Schedule 1, page 36, paragraph 22, at end insert:

“Representative of the community in Northern Ireland”

23.— (1) In this Schedule, and without prejudice to the generality of the words, a membership “representative of the community in Northern Ireland” shall in particular include–

(a) persons with experience of the controlled, maintained, grant-maintained integrated, Irish-medium and voluntary grammar school sectors; and,

(b) persons from [a broad geographic range of] local government districts, where “local government district” has the same meaning as in the Local Government (Boundaries) Act ( Northern Ireland) 2008.’

Agreed – That the Committee would seek legal advice regarding the effect of the inclusion of the word ‘proportionately’ and in relation to the draft amendment to insert a new paragraph 23, whether the effect of these two amendments would be to exclude persons from the ‘26 counties or England and Wales’ and whether the amendments would be lawful in terms of equality law. The Committee also agreed that following advice, if it was satisfied as to the lawfulness of either amendment, then it would consider whether to table a Committee amendment or amendments in the terms set out – or with any redrafting.

That Chairperson therefore asked the Committee to consider whether it was not content with Schedule 1 paragraph 2(2) as drafted.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee is not content with Schedule 1, 2 (2) as drafted.

The Chairperson also proposed, that as the amendment to add a new paragraph 23 to define ‘representative of the community of Northern Ireland’ will be considered further on receipt of the legal advice, that the Committee consider whether it was content with Schedule 1 paragraph 22 as drafted.

The Committee divided: Ayes 2; Noes 9; Abstain 0

AYES

NOES

ABSTAIN

John O’Dowd

Mervyn Storey

 

Michelle O’Neill

Dominic Bradley

 

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with Schedule 1, paragraph 22 as drafted.

The Committee considered a proposed Committee amendment to Schedule 1, paragraph 7 to provide an enabling provision for regulations on ESA committees. The Committee noted the Minister of Education’s letter of 22 September 2009 makes it clear that she does ‘not propose to make regulations now’. The Chairperson in proposing the Committee amendments to Schedule 1, paragraph 7, highlighted that the Committee had previously agreed in principal that it needs clarity, certainty and confidence on this matter.

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Schedule 1, paragraph 7 be amended by the Committee’s amendment as set out above.

The Committee then considered Schedule 1, in its entirety as amended.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Schedule 1 be amended as set out above.

Clause 2 - Functions and general duty of ESA

The Committee considered a Committee amendment which adds the word ‘mental’ to the list of ESA duties in Clause 2 (2)(b) .

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 2 (2)(b) be amended by the proposed Committee amendment as set out above .

 

The Committee considered a similar Committee amendment to Clause 2 (2)(a) - after ‘social’ insert ‘mental’.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 2 (2)(a) be amended by the Committee’s proposed amendment as set out above .

The Committee considered a proposed Departmental amendment to place a duty on ESA - ‘with a view to encouraging and facilitating the development of education provided in an Irish speaking school’ in Clause 2.

The Committee divided: Ayes 4; Noes 7; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

John O’Dowd

Trevor Lunn

 

Michelle O’Neill

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with the proposed Departmental amendment to Clause 2.

The Committee considered Clause 2 in its entirety as drafted and with proposed Committee amendments.

The Committee divided: Ayes 7; Noes 4; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

Dominic Bradley

 

Jonathan Craig

Mary Bradley

 

Trevor Lunn

John O’Dowd

 

John McCallister

Michelle O’Neill

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 2 be amended by the proposals of the Committee.

Clause 3 – ESA to employ all staff of grant-aided schools

The Committee considered the Department’s proposed amendment to Clause 3 so that the owners or trustees of Irish Medium Schools would be the submitting authority, rather than the Board of Governors.

The Committee divided: Ayes 4; Noes 7; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

John O’Dowd

Trevor Lunn

 

Michelle O’Neill

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with the Department’s proposed amendment to Clause 3.

The Committee considered Clause 3 as drafted.

The Committee divided: Ayes 1; Noes 10; Abstain 0

AYES

NOES

ABSTAIN

Trevor Lunn

Mervyn Storey

 

 

Dominic Bradley

 

 

Mary Bradley

 

 

Jonathan Craig

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

Agreed – That the Committee is not content with Clause 3 as drafted.

Clause 4 – Employment schemes for grant-aided schools

The Committee considered the Department’s proposed amendment to Clause 4 to insert an enabling provision to make provision as to the form and content of employment schemes by way of regulations .

The Committee divided: Ayes 4; Noes 6; Abstain 1

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

Trevor Lunn

Mary Bradley

Jonathan Craig

 

John O’Dowd

John McCallister

 

Michelle O’Neill

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with the Department’s proposed amendment to Clause 4.

The Committee considered Clause 4 as drafted.

The Committee divided: Ayes 0; Noes 10; Abstain 1

AYES

NOES

ABSTAIN

 

Mervyn Storey

Trevor Lunn

 

Dominic Bradley

 

 

Mary Bradley

 

 

Jonathan Craig

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

Agreed – That the Committee is not content with Clause 4 as drafted.

Clause 5 – Preparation and approval of employment schemes

The Committee considered Clause 5 as drafted.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Clause 5 as drafted.

Clause 6 – Reserve power of ESA to make employment schemes

The Committee considered the Department’s proposed amendment to Clause 6 which gives the ESA a power to make an employment scheme where a scheme submitted does not comply with the regulations to be made in relation to the form and content of employment schemes.

The Committee divided: Ayes 5; Noes 6; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

Trevor Lunn

John McCallister

 

John O’Dowd

Basil McCrea

 

Michelle O’Neill

Michelle McIlveen

 

 

Alastair Ross

 

 

 

 

Agreed – That the Committee is not content with the Department’s proposed amendment to Clause 6.

The Committee considered Clause 6 as drafted.

The Committee divided: Ayes 0; Noes 11; Abstain 0

AYES

NOES

ABSTAIN

 

Mervyn Storey

 

 

Dominic Bradley

 

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

Agreed – That the Committee is not content with Clause 6 as drafted.

Clause 7 – Revision of Employment Schemes

The Committee considered Clause 7 as drafted.

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Clause 7 as drafted.

Clause 8 – Effect of employment scheme

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content Clause 8 as drafted.

Clause 9 – Transfer to ESA of staff employed by Boards of Governors

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Clause 9 as drafted.

Clause 10 – ESA to employ peripatetic teachers

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – the Committee is content with Clause 10 as drafted.

Clause 11 – Salaries, etc. of staff: administrative and financial arrangements

The Committee considered the proposed Departmental amendment to Clause 11 which addresses the concern of some stakeholders, one of which pointed out ‘it effectively withdrew salaries from the CMS formula funding regime of any school which is surely not the intention.’

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – the Committee is content with the Department’s proposed amendment to Clause 11.

The Committee considered a further proposed Departmental amendment to Clause 11.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – the Committee is content with the Department’s proposed amendment to Clause 11.

The Committee considered Clause 11 in its entirety, as amended by the Department’s proposals.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 11 be amended by the Department’s proposals.

Clause 12 – Modification of employment law

Agreed – That the Committee is content with Clause 12 as drafted.

Clause 13 – ESA to provide or secure provision of training and advisory and support services for schools

Agreed – That the Committee is content with Clause 13 as drafted.

Clause 14 – ESA to provide library services to grant-aided schools and other educational establishments

Agreed – That the Committee is content with Clause 14 as drafted.

Clause 15 – ESA to secure provision of educational and youth services and facilities

Agreed – That the Committee is content with Clause 15 as drafted.

Clause 16 – ESA to pay capital grants to voluntary and grant-maintained integrated schools

Agreed – That the Committee is content with Clause 16 as drafted.

Proposed Department amendment to insert New Clause after Clause 16

Agreed – That the Committee is content with the proposed Departmental amendment to insert a new clause after Clause 16, which addresses a provision to allow ESA to be the contracting authority for major capital works in grant aided schools.

Clause 17 - ESA to pay superannuation benefits of teachers

Agreed – That the Committee recommend to the Assembly that Clause 17 be amended by the Department’s proposed amendment to clarify the reference to a provision in the Superannuation Order 1972.

Clause 18 – Ancillary powers of ESA

Agreed – That the Committee is content with Clause 18 as drafted.

Clause 19 – Power of ESA to undertake commercial activities

Agreed – That the Committee is content with Clause 19 as drafted.

Clause 20 – Power to confer functions on ESA in relation to civil contingencies

Agreed – That the Committee is content with Clause 20 as drafted.

Clause 21 – Dissolution of certain statutory bodies

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Clause 21 as drafted.

Clause 22 – Transfer of assets, liabilities and staff

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John McCallister

 

Dominic Bradley

Basil McCrea

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Clause 22 as drafted.

Clause 23 – General duty of the Department and DEL

The Committee considered a draft Committee amendment to Clause 23, similar to the inclusion of the word ‘mental’ in Clause 2 (2) (a) and 2 (2) (b) as agreed by amendments considered earlier by the Committee.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – that the Committee is content with the Committee’s amendment to Clause 23.

The Committee considered Clause 23 as amended by the Committee.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 23 be amended by the Committee’s proposal.

Clause 24 – Duty of ESA to conduct examinations and assessments

Agreed – That the Committee is content with Clause 24 as drafted.

Clause 25 - Other functions of ESA in relation to the curriculum, examinations and

Assessments

Agreed – That the Committee is content with Clause 25 as drafted.

Clause 26 - Discharge by ESA of its functions under sections 24 and 25

The Committee considered the proposed Departmental amendment to Clause 26 which aims to ensure that the ESA, in relation to curriculum and examinations, considers the requirements of those attending Irish speaking schools.

The Committee divided: Ayes 5; Noes 6; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

Trevor Lunn

John McCallister

 

John O’Dowd

Basil McCrea

 

Michelle O’Neill

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with the proposed Departmental amendment to Clause 26.

The Chairperson suspended the meeting at 12.55pm

The meeting resumed at 1.33pm

Mrs Bradley left the meeting at 1.36

Clause 27 - Functions of the Department in relation to accreditation of certain external qualifications

Agreed – That the Committee recommend to the Assembly that Clause 27 be amended by the Department’s proposed amendment to allow joint working with other jurisdictions, in relation to the accreditation of qualifications.

Mrs Bradley rejoined the meeting at 1.39

Clause 28 - Approval of courses leading to external qualifications Education

Agreed – That the Committee recommend to the Assembly that Clause 28 be amended by the Department of Education’s proposal in relation to a request from the Department of Employment and Learning.

Proposed Department Amendment to insert new clauses after clause 28

Agreed – That the Committee recommend to the Assembly the proposed Departmental amendment to insert two new clauses after Clause 28 related to request from the Department of Employment and Learning.

Clause 29 - Disciplinary powers of General Teaching Council

Agreed – That the Committee is content with Clause 29 as drafted.

Clause 30 - Schemes of management

The Committee considered the Committee’s draft amendment to Clause 30, for enabling provision for regulations to make provisions as to the form and content of Schemes of Management, and to gain clarity and certainty regarding guidance on model Schemes of Management.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with the Committee’s proposed amendment to Clause 30.

The Committee considered Clause 30 as amended by the Committee’s proposed amendment.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 30 be amended by the Committee’s proposed amendment.

Clause 31 - Preparation and approval of schemes of management

The Committee considered the Department’s proposed amendment to Clause 31.

The Committee divided: Ayes 5; Noes 6; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

Trevor Lunn

John McCallister

 

John O’Dowd

Basil McCrea

 

Michelle O’Neill

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with the Department’s proposed amendment to Clause 31.

The Committee considered Clause 31 as drafted.

The Committee divided: Ayes 2; Noes 9; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

Agreed – that the Committee is not content with Clause 31 as drafted.

Clause 32 - Reserve power of ESA to make scheme of management

The Committee considered whether to recommend to the Assembly that Clause 32 be amended to achieve the same effect as the proposed consequential Departmental amendment to Clause 6.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee agreed to the proposed amendment and would instruct the Clerk to draft a Committee amendment to this effect for Committee approval.

Clause 33 - Revision of schemes of management

The Committee divided: Ayes 5; Noes 0; Abstain 6

AYES

NOES

ABSTAIN

Dominic Bradley

 

Mervyn Storey

Mary Bradley

 

Jonathan Craig

Trevor Lunn

 

John McCallister

John O’Dowd

 

Basil McCrea

Michelle O’Neill

 

Michelle McIlveen

 

 

Alastair Ross

Agreed – That the Committee is content Clause 33 as drafted.

Clause 34 - Duties of Board of Governors in relation to achievement of high standards of educational attainment

Agreed – That the Committee is content with Clause 34 as drafted.

Clause 35 - Community governors for controlled, maintained, grant-maintained integrated and certain voluntary grammar schools

The Committee divided: Ayes 5; Noes 6; Abstain 0

AYES

NOES

ABSTAIN

Dominic Bradley

Mervyn Storey

 

Mary Bradley

Jonathan Craig

 

Trevor Lunn

John McCallister

 

John O’Dowd

Basil McCrea

 

Michelle O’Neill

Michelle McIlveen

 

 

Alastair Ross

 

Agreed – That the Committee is not content with Clause 35 as drafted.

Clause 36 - Part-time teachers to be eligible for election as governors

Agreed – That the Committee is content with Clause 36 as drafted.

Clause 37 - Inspections on behalf of the Department

The Committee considered the Department’s proposed amendment to Clause 37, to extend the remit of the Education and Training Inspectorate to allow inspection of curriculum and qualifications.

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 37 be amended by the Department’s proposed amendment.

Clause 38 - Powers of inspectors

Agreed – That the Committee is content with Clause 38 as drafted.

Clause 39 - Reports and action plans

Agreed – That the Committee is content with Clause 39 as drafted.

Clause 40 - Inspections of library premises

Agreed – That the Committee is content with Clause 40 as drafted.

Clause 41 - Inspections on behalf of DEL

Agreed – That the Committee is content with Clause 41 as drafted.

Clause 42 - Assessors and lay persons

Agreed – That the Committee recommend to the Assembly that Clause 42 be amended as proposed by the Department to ensure that when appointing assessors and lay persons to assist in inspection on DEL and DCAL premises, they consult the appropriate Department.

Clause 43 - Grants for educational and youth services, etc.

Agreed – That the Committee is content with Clause 43 as drafted.

Clause 44. Safeguarding and promoting welfare of children and young persons

Agreed – That the Committee agreed to Clause 44 as drafted.

Clause 45 - Duty on providers of funded pre-school education to safeguard and promote welfare of children

Agreed – That the Committee is content with Clause 45 as drafted.

Clause 46 - Duty of providers of educational and youth services to safeguard and promote welfare of children

Agreed – That the Committee is content with Clause 46 as drafted.

Clause 47 - Directions as to exercise of child protection duties by Board of Governors

The Committee noted the issue raised by National Society for the Prevention of Cruelty to Children regarding this Clause and the Department’s response.

Agreed – That the Committee is content with Clause 47 as drafted.

Clause 48 - Duty of co-operation concerning welfare and protection of children and young persons

Agreed – That the Committee is content with Clause 48 as drafted.

Clause 49 - Catholic maintained schools

The Committee considered the Department’s proposal to remove Clause 49 from the Bill.

The Committee divided: Ayes 5; Noes 2; Abstain 4

AYES

NOES

ABSTAIN

Dominic Bradley

John McCallister

Mervyn Storey

Mary Bradley

Basil McCrea

Jonathan Craig

Trevor Lunn

 

Michelle McIlveen

John O’Dowd

 

Alastair Ross

Michelle O’Neill

 

 

Agreed – That the Committee was content with the Department’s proposal to remove Clause 49 from the Bill.

Clause 26 - Discharge by ESA of its functions under sections 24 and 25

Agreed – That the Committee was content with the Department of Education’s proposed amendment to Clause 26 requested by the Department of Employment and Learning.

Agreed – that the Committee recommend to the Assembly that Clause 26 be amended by the proposed Departmental amendment.

Clause 50 - Supplementary, incidental, consequential, transitional provision etc.

Agreed – That the Committee is content with Clause 50 as drafted.

Clause 51 - Regulations and orders

The Committee considered proposed Committee amendments to Clause 51 to make important regulations and orders under this Bill to be subject to draft affirmative resolution by the Assembly, as opposed to negative procedure. The first proposed Committee amendment related to the Committee’s earlier agreed proposed amendment to Schedule 1, paragraph 7.

Clause 51, page 29. line 16, paragraph (1), at start insert:

‘Except as provided by subsection (6),’

Clause 51, page 29. line 24, paragraph 5, at end insert:

‘(6) No regulations shall be made under Schedule 1, paragraph 7 unless a draft of those regulations has been laid before, and approved by resolution of, the Assembly.’

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly the proposed Committee amendment to Clause 51 as set out above.

The Committee considered a further proposed Committee amendment to Clause 51 related to the Committee’s earlier agreement to amend to Clause 30(6), as follows:

Clause 51, page 29. line 16, paragraph (1), at start insert:

‘Except as provided by subsection (6),’

Clause 51, page 29. line 24, paragraph 5, at end insert:

‘(6) No regulations shall be made under section 30(6) unless a draft of those regulations has been laid before, and approved by resolution of, the Assembly.’

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 51 be amended by the Committee’s proposed amendment as set out above.

The Committee considered a further proposed Committee amendment to Clause 51 related to Clause 4(4) as follows:

Clause 51, page 29. line 16, paragraph (1), at start insert:

‘Except as provided by subsection (6),’

Clause 51, page 29. line 24, paragraph 5, at end insert:

‘(6) No regulations shall be made under section 4(4) unless a draft of those regulations has been laid before, and approved by resolution of, the Assembly.’

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee agreed, that should the proposed Departmental amendment to Clause 4(4) be tabled as an amendment, the Committee recommend to the Assembly its amendment to Clause 51 as set out above.

The Committee considered a proposed Committee amendment to Clause 51 in relation to making orders under Clause 12 (1) subject to approval by resolution of the Assembly:

Clause 51, page 29. line 17,

leave out ‘section 50(1)’ and insert ‘sections 50(1) or 12(1)’:

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John O’Dowd

Dominic Bradley

 

Michelle O’Neill

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 51 be amended by the Committee’s proposed amendment as set out above.

The Committee considered Clause 51 as amended by the Committee.

The Committee divided: Ayes 9; Noes 2; Abstain 0

AYES

NOES

ABSTAIN

Mervyn Storey

John O’Dowd

 

Dominic Bradley

Michelle O’Neill

 

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

John McCallister

 

 

Basil McCrea

 

 

Michelle McIlveen

 

 

Alastair Ross

 

 

Agreed – That the Committee recommend to the Assembly that Clause 51 be amended by the Committee’s proposed amendments.

Clause 52 - Interpretation

Agreed – the Committee is content with Clause 52 as drafted.

Clause 53 - Minor and consequential amendments and repeals and revocations

Agreed – the Committee is content with Clause 53 as drafted.

Clause 54 - Commencement

The Committee considered the Department’s proposed amendment toClause 54 which allows the commencement of the clause on Disciplinary Powers of the General Teaching Council to be commenced upon Royal Assent, as these clauses are urgently required in order to comply with other jurisdictions .

The Committee divided: Ayes 5; Noes 0; Abstain 6

AYES

NOES

ABSTAIN

Dominic Bradley

 

Mervyn Storey

Mary Bradley

 

Jonathan Craig

Trevor Lunn

 

John McCallister

John O’Dowd

 

Basil McCrea

Michelle O’Neill

 

Michelle McIlveen

 

 

Alastair Ross

Agreed – That the Committee recommend to the Assembly the Department’s proposed amendment to Clause 54.

Clause 55 - Short title

Agreed – That the Committee is content with Clause 55 as drafted.

Schedule 2 - Transfer to ESA of staff employed by Boards of Governors

The Committee divided: Ayes 9; Noes 0; Abstain 2

AYES

NOES

ABSTAIN

Mervyn Storey

 

John McCallister

Dominic Bradley

 

Basil McCrea

Mary Bradley

 

 

Jonathan Craig

 

 

Trevor Lunn

 

 

Michelle McIlveen

 

 

John O’Dowd

 

 

Michelle O’Neill

 

 

Alastair Ross

 

 

Agreed – That the Committee is content with Schedule 2 as drafted.

Schedule 3 - Transfer of assets, liabilities and staff of dissolved bodies

Agreed – That the Committee recommend to the Assembly that Schedule 3 be amended by the Department’s proposed amendment requested by DCAL and following advice from DFP on reporting ESA’s first set of accounts.

Schedule 4 - Transfer of certain assets and liabilities of CCMS before appointed day

The Committee considered the Department’s proposed amendment to Schedule 4 which is required because of the proposed removal of Clause 49.

The Committee divided: Ayes 5; Noes 0; Abstain 6

AYES

NOES

ABSTAIN

Dominic Bradley

 

Mervyn Storey

Mary Bradley

 

Jonathan Craig

Trevor Lunn

 

John McCallister

John O’Dowd

 

Basil McCrea

Michelle O’Neill

 

Michelle McIlveen

 

 

Alastair Ross

Agreed – That the Committee recommend to the Assembly that Schedule 4 be amended by the Department’s proposed amendment.

Schedule 5 Transfer of certain staff of the Department

Agreed – That the Committee is content with Schedule 5 as drafted.

Schedule 6 - Schedule 1A to the Education ( Northern Ireland) Order 1998, as inserted

Agreed – That the Committee is content with Schedule 6 as drafted.

Schedule 7 - Minor and consequential amendments

Agreed – That the Committee recommend to the Assembly that Schedule 7 be amended by a number of proposed detailed individual Departmental amendments - including a proposed amendment, detailed in the Minister of Education’s letter of 22 September, at the request of DEL in relation to the Careers Service.

Schedule 8 - Repeals

Agreed – That the Committee recommend to the Assembly that Schedule 8 be amended by a number of individual amendments proposed by the Department.

The Chairperson raised concerns on issues affecting the Controlled Sector and proposed the inclusion of a recommendation within the Committee’s Report to address these.

Agreed – That the Chairperson would circulate draft wording of the recommendation for Members’ consideration at the Committee’s meeting on 30 September 2009.

6. Forward Work Programme

The Committee noted its Forward Work Programme.

Agreed – the Committee asked the Clerk to bring fuller information to next week’s Committee on items for its Work Programme over the next few months.

7. Any Other Business

The Committee discussed the Chairperson’s proposal to change the timing of future meetings of the Committee for Education to take place on Wednesday afternoons at 2.00pm.

Agreed – the Committee would commence the new arrangements at the meeting scheduled for 7 October 2009 for trial period.

8. Date, Time and Place of Next Meeting

The Committee noted that the next meeting of the Committee would be held on Wednesday 30 September 2009 at 10.00am, Room 144, Parliament Buildings.

The Chairperson adjourned the meeting at 3.04pm.

Mr Mervyn Storey
Chairperson, Committee for Education
30 September 2009

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