Oireachtas Joint and Select Committees
Wednesday, 18 June 2014
Joint Oireachtas Committee on Education and Social Protection
Possible Reconfiguration of Schools: Edmund Rice Schools Trust
2:00 pm
Mr. Gerry Bennett:
We have hard copies here if anybody needs them.
We were set up as an independent, professional trust in 2008, taking responsibility for these schools from the Christian Brothers. The new trust was established in May 2008 and on 1 September 2008 it became operational.
The Edmund Rice primary and secondary schools are Catholic schools whose unique characteristic spirit is expressed in the Edmund Rice Schools Trust charter. The role of the trust is to uphold our ethos and provide Catholic education in the spirit of Edmund Rice for the people of Ireland. Our schools are open and inclusive; many are DEIS schools and are committed to serving the communities in which they are located.
I will first deal with primary schools and the role of trustees and patron under the Education Act. The legal role of the patron is set out in section 8 of the Education Act 1998. The patron appoints the board of management which manages the school on his behalf. In the case of the majority of primary Catholic schools and parish schools, the patron is the local bishop. The patron of our 34 primary national schools in the Edmund Rice Schools Trust is the local bishop and not the trust.
As trustees of the primary schools, our role mainly relates to ownership of the schools and to the characteristic spirit, that is Catholic education in the Edmund Rice tradition. The patron has a legal role which includes the appointment of the board of management, the determining of the future status of a school, including deciding if it is to become co-educational, single-sex, to amalgamate with other schools, close, etc.
All such decisions are carried out after full consultation at local, trustee and patron level and with the final agreement of the Minister for Education and Skills.
The Edmund Rice Schools Trust is a trustee of 34 primary schools but patron of none. Therefore, it does not make decisions in respect of the future of any of the 34 primary national recognised schools under the Act. The patron alone has the power to appoint and dissolve the board and to determine the status of a school and approve the appointment of the principal. As primary trustees, we hold none of the functions of patron as outlined in the Act.
On ownership of primary school property, most of our primary school properties are owned by the Edmund Rice Schools Trust and subject to vesting leases. The leases, as with any other school vesting lease, are in standard terms, and essentially comprise the Minister’s security in respect of grant moneys provided for capital grants to the school. As per the charitable objects set out in our memorandum and articles of association, ERST seeks to ensure and foster the advancement of education and to further the aims and purposes of Catholic education in the Edmund Rice tradition in colleges, schools and other educational projects in Ireland and, generally, to further the interests of Catholic education in Ireland and around the world. Therefore, any property transactions must be in furtherance of the main objects of the Edmund Rice Schools Trust. Further, ERST is obliged to apply all of its assets, including any real property such as school sites, and also other property, including the proceeds of the sale of school sites, towards its objects. The disposal of ERST property is currently subject to the regulations of the charity commissioners, who require that any disposal of charitable property be at market value.
On the role of ERST in relation to its 60 voluntary secondary schools, patronage structures are similar to primary schools, but the trust is the patron, as outlined in section 8 of the Education Act, of our 60 secondary schools. The Trust appoints the board, makes decisions on the future of schools and is responsible for the characteristic spirit, finance and property of the schools. Decisions on the future of a school are made following a process of consultation at local level, with other trustees, diocesan offices and the Department of Education and Skills. Many of our second level schools are currently oversubscribed. We have a number of DEIS schools, which provide a unique service to the communities where many young people are vulnerable, disaffected and in need of specialist support. Our schools provide examples of best practice in educational provision, attendance strategies and advocacy for those who are marginalised. Parents of approximately 36,000 students choose our schools.
The Edmund Rice Schools Trust provides a network of support for all its school communities. Examples of best practice are shared, newly appointed principals and deputies are mentored and boards of management are provided with ongoing advice and support. In the norm, our schools are managed by an eight-person board of management which carries out dedicated work on behalf of the trustees, with reference to the legal requirements and in the service of their school community in a voluntary capacity. The trust is served on its boards of management by a unique group of skilled management personnel, past pupils, parents and teachers. It is our belief that the sacrifices made by these volunteers should be properly acknowledged, valued and affirmed in more practical ways by the Department and Education and Skills and society as a whole. We can never afford to take these volunteers who manage our schools for granted. The trust has a major role in sourcing board members, training them for office and building a strong network among all those associated with or involved in our schools.
An area of concern for ERST is funding into the future for secondary schools.The State contributes less to children in voluntary schools than it does to those in VEC schools or community or comprehensive schools. In 2013, the Economic and Social Research Institute, ESRI, produced a substantial report entitled Governance and Funding of Voluntary Secondary Schools in Ireland. This report advised that in 2011-2012 there were 722 second level schools in Ireland, catering for 359,047 students. Of these, 52% were voluntary secondary schools, 35% were vocational schools and 13% were community or comprehensive schools. The ESRI findings indicate a disparity in the funds available to and the costs to be covered by voluntary, vocational and community or comprehensive schools. It is clear that voluntary secondary schools receive a significantly lower proportion of funding from the State and, as a result, are more reliant on voluntary contributions from parents and on general fund-raising.
An area of inequality is the funding of the trustee function. Trustees of schools have duties that are identified in the Education Act 1998. The trustees of any school promote and protect its ethos and philosophy. At least some elements of the trusteeship function of VECs, now ETBs, are funded through the block grant, and the centralisation of specialist services and expertise at VEC level reduces the need for specialist legal and finance capacities at school level. In contrast, the trusteeship function of voluntary secondary schools is paid for by religious orders or the education trust companies directly by providing support to schools and indirectly through the provision of specialist expertise on a voluntary basis.
Article 42.3.1° of the Constitution states: "The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State." The Edmund Rice Schools Trust will therefore promote diversity in our schools and excellence in educational provision and provide ongoing support, particularly for marginalised and disadvantaged communities.