Education Bill Marshalled List of Amendments Consideration Stage Tuesday 21 October 2014

Amendments tabled up to 9.30am Thursday, 16 October 2014 and selected for debate

The Bill will be considered in the following order-

Clauses, Schedules and Long Title 

Amendment 1 [Negatived on a cross community vote] 

Clause 2, Page 1, Line 11

At end insert -

‘(2A) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote integrated education.’

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 2 [Negatived on a cross community vote] 

Clause 2, Page 1, Line 11

At end insert -

‘(2B) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote Irish-medium education.’

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 3 [Made without division] 

Clause 2, Page 1, Line 11

At end insert -

‘(2C) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote shared education.’

Mr John McCallister

Amendment 4 [Made without division]

Clause 2, Page 1, Line 11

At end insert -

‘(2D) It shall be a duty of the Authority, when exercising its functions, to encourage, facilitate and promote the community use of school premises.’

Mr John McCallister

Amendment 5 [Negatived on a cross community vote]

Clause 2, Page 1, Line 11

At end insert -

‘(2E) It shall be the duty of the Education Authority to encourage and facilitate the development of integrated education, that is to say the education together at school of Protestant and Roman Catholic pupils.’

Mr Steven Agnew

Amendment 6 [Negatived without division]

New Clause

After clause 3 insert -

‘Grants to sectoral bodies

Grants to sectoral bodies

3A. The Department may, subject to such conditions as it thinks fit, pay grants to any body which is recognised by the Department as representing the interests of grant-aided schools of a particular description.

Minister of Education

Amendment 7 [Made without division]

New Clause

After clause 3 insert -

Funding of Sectoral Bodies

3B. The Department may, subject to such conditions as it thinks fit, pay grants to any body which is recognised by the Department as representing the interests of controlled schools, or any body which is recognised by the Department as representing grant-aided schools of any other particular description.

Miss Michelle McIlveen
Mr Nelson McCausland

Amendment 8 [Made without division]

Clause 4, Page 2, Line 15

Leave out ‘negative resolution’ and insert ‘affirmative resolution’

Mr Danny Kinahan
Mrs Sandra Overend

Amendment 9 [Made without division]

Schedule 1, Page 3, Line 16

After ‘Department’ insert ‘on the basis of merit through a fair and open public competition’

Mr Danny Kinahan
Mrs Sandra Overend

Amendment 10 [Negatived on division]

Schedule 1, Page 3, Line 17

Leave out ‘8’ and insert ‘10’

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 11 [Not moved]

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

‘(c) 11 persons appointed by the Department (“appointed members”) of whom⁠—

(i) 3 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii) 2 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iii) 1 shall be a person appearing to the Department to represent the interests of integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iv) 1 shall be a person appearing to the Department to represent the interests of Irish-medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(v) 1 shall be a person appearing to the Department to represent the interests of grammar schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(vi) 3 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.

Mr Trevor Lunn
Mr Chris Lyttle
Ms Anna Lo

Amendment 12 [Negatived on a cross community vote]

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

‘(c) 13 persons appointed by the Department (“appointed members”) of whom⁠—

(i) 4 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii) 3 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iii) 1 shall be a person appearing to the Department to represent the interests of integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iv) 1 shall be a person appearing to the Department to represent the interests of Irish-medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(v) 4 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.

Mr Chris Hazzard
Mr Pat Sheehan
Ms Maeve McLaughlin

Amendment 13 [Not moved]

Schedule 1, Page 3, Line 19

Leave out (c) and insert -

‘(c) 12 persons appointed by the Department (“appointed members”) of whom⁠—

(i) 4 shall be persons appearing to the Department to represent the interests of transferors of controlled schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(ii) 3 shall be persons appearing to the Department to represent the interests of trustees of maintained schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(iii) 1 shall be a person appearing to the Department to represent the interests of integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(iv) 4 shall be persons appearing to the Department, so far as practicable, to be representative of the community in Northern Ireland.

Mr Steven Agnew

Amendment 14 [Not moved]

Schedule 1, Page 3, Line 19

Leave out ‘11’ and insert ‘15’

Mr Seán Rogers
Mr Dominic Bradley

Amendment 15 [Not called]

Schedule 1, Page 3, Line 30

At end insert -

‘(iv) 2 shall be persons appearing to the Department to represent the interests of voluntary grammar schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests;

(v) 1 shall be a person appearing to the Department to represent the interests of Irish-medium schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests; and

(vi) 1 shall be a person appearing to the Department to represent the interests of integrated schools, appointed after consultation with persons or bodies appearing to the Department to represent such interests.

Mr Seán Rogers
Mr Dominic Bradley

Amendment 16 [Not moved]

Schedule 1, Page 3, Line 30

At end insert -

‘(d) No less than two of the persons so appointed under paragraph 2(c)(iii) shall be appointed by reason of their being teachers serving at the time of their appointment in grant-aided schools.

Mr Danny Kinahan
Mrs Sandra Overend

Amendment 17 [Negatived without division]

Schedule 1, Page 4, Line 41

At end insert -

(9A) A nominated person shall be for a specified period of not more than 8 years and on completion of this period the nominated person shall resign and the vacancy shall be filled by applying sub-paragraphs (3) to (8).

(9B) A nominated person who has resigned after completing the eight year period can be considered for nomination by a party nominating officer after a period of 4 years has passed since the date of their resignation.

Mr John McCallister

Amendment 18 [Made on division]

Schedule 1, Page 6, Line 9

Leave out sub-paragraphs (2) to (5) and insert -

‘(2) An interim chief executive of the Authority shall be appointed by the Department.

(3) Within one year of the date of the first meeting of the Authority, the Authority shall commence a process to appoint a permanent chief executive.

(4) Every subsequent chief executive shall be appointed by the Authority.

(5) The Authority shall not appoint a person as chief executive unless the Department approves the appointment.

(6) A person shall, so long as that person is, and for 12 months after ceasing to be, a member of the Authority, be disqualified for being an officer of the Authority.

Miss Michelle McIlveen
Mr Nelson McCausland

Amendment 19 [Made without division]

Schedule 1, Page 6, Line 34

At end insert -

(1A) The Authority will appoint a standing committee to encourage, facilitate and promote shared education.

Mr John McCallister

Amendment 20 [Made without division]

Schedule 1, Page 6, Line 34

At end insert -

(1B) The Authority will appoint a standing committee to encourage, facilitate and promote the community use of school premises.

Mr John McCallister

Amendment 21 [Negatived on a cross community vote]

Schedule 1, Page 9, Line 10

At end insert -

‘Pay Policy statements

17A. The Education Authority must prepare a pay policy statement for the financial year 2015-16 and each subsequent financial year.

17B.—(1) A pay policy statement for a financial year must set out the Authority’s policies for the financial year relating to⁠—

(a) the remuneration of its chief officers,

(b) the remuneration of its lowest-paid employees, and

(c) the relationship between⁠—

(i) the remuneration of its chief officers,

(ii) the remuneration of its employees who are not chief officers, and

(iii) the remuneration of its lowest-paid employees.

(2) The statement must state⁠—

(a) the definition of “lowest-paid employees” adopted by the Authority for the purposes of the statement, and

(b) the Authority’s reasons for adopting that definition.

(3) The statement must include the Authority’s policies relating to⁠—

(a) the level and elements of remuneration for each chief officer,

(b) remuneration of chief officers on recruitment,

(c) increases and additions to remuneration for each chief officer,

(d) the use of performance-related pay for chief officers,

(e) the use of bonuses for chief officers,

(f) the approach to the payment of chief officers on their ceasing to hold office under or to be employed by the Authority, and

(g) the publication of and access to information relating to remuneration of chief officers.

(4) A pay policy statement for a financial year may also set out the Authority’s policies for the financial year relating to the other terms and conditions applying to the Authority’s chief officers.

17C.—(1) A relevant Authority’s pay policy statement must be approved by the Authority before it comes into force.

(2) The first statement must be prepared and approved before the end of 31 March 2015.

(3) Each subsequent statement must be prepared and approved before the end of the 31 March immediately preceding the financial year to which it relates.

(4) The Authority may amend its pay policy statement (including after the beginning of the financial year to which it relates).

(5) As soon as is reasonably practicable after approving or amending a pay policy statement, the Authority must publish the statement or the amended statement in such manner as it thinks fit (which must include publication on the Authority’s website).

17D. The Authority must, in performing its functions (above), have regard to any guidance issued or approved by the Education Minister.

17E.—(1) This section applies to a determination that⁠—

(a) is made by a relevant authority in a financial year beginning on or after 1 April 2015 and

(b) relates to the remuneration of or other terms and conditions applying to a chief officer of the Authority.

(2) The relevant authority must comply with its pay policy statement for the financial year in making the determination.

(3) Any power to appoint officers and employees is subject to the requirement in subsection (2).

Mr Steven Agnew

Amendment 22 [Negatived on a cross community vote]

Schedule 2, Page 10, Line 3

At end insert -

‘Living Wage Accredited Employer

2A. The Education Authority must become a living wage accredited employer in accordance with the accreditation scheme administered by the Citizens UK Living Wage Foundation before the end of 31 March 2016.

Mr Steven Agnew

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