Dr. Jim Murray:

On behalf of Quality and Qualifications Ireland, I express our gratitude for the opportunity to address the joint committee on the need for greater regulation of the English language teaching sector.

QQI is the qualifications and quality assurance authority of Ireland, established by the Qualifications and Quality Assurance (Education and Training) Act 2012. We are responsible for promoting the quality, integrity and reputation of Ireland’s tertiary education system and for ensuring that learners achieve qualifications that are valued nationally and internationally. QQI’s core statutory functions as a quality agency and qualifications authority provide the essential context for understanding QQI’s involvement in the regulation of the English language education, ELE, sector.

The 2012 Act was amended through the Qualifications and Quality Assurance (Education and Training) (Amendment) Act in 2019. One of the main intents behind the amendment was to provide a stronger statutory basis for QQI’s regulatory engagement with ELE providers. This followed a court ruling in 2015, which resulted in reducing QQI’s ability to operate the accreditation and co-ordination of English language services, ACELS, scheme and which determined that this scheme could not be used to support the impending reforms to the immigration system at this time. Prior to this ruling, ACELS had conducted triennial inspections of ACELS-recognised providers.

Under the amended legislation, as my colleague from the Department indicated, the regulatory arrangement encompasses three distinct but related elements, namely, the introduction of a new statutory quality mark – the international education mark; an associated legislative requirement that ELE providers applying for authorisation to use the IEM undergo a statutory due diligence assessment; and a requirement that IEM-authorised ELE providers will participate in a strengthened scheme for the protection of enrolled learners, including contributing to a learner protection fund.

Since 2021, and in line with QQI’s statement of strategy 2022 to 2024, the organisation has developed the necessary infrastructure to enable the introduction of this new regulatory regime, which will be implemented as soon as the relevant sections of the amended legislation are commenced. ACELS will continue to operate in a limited manner until the IEM scheme is fully implemented.

Under the amended legislation, QQI was tasked with developing codes of practice for providers of education and training programmes to international learners based in Ireland and to learners based outside the State enrolled on programmes leading to qualifications included in our national framework of qualifications. Compliance with the relevant code of practice is the essential requirement for a provider to obtain authorisation to use the IEM. Providers are also obliged to have statutory quality assurance procedures in place. To meet these requirements, QQI developed a comprehensive policy suite throughout 2022 and 2023, comprising four key documents, namely, the Code of Practice for Provision of English Language Education to International Learners; Statutory Quality Assurance Guidelines for English Language Education Providers; the Code of Practice for Provision of Programmes of Higher Education to International Learners; and the Policy on Authorisation to Use the International Education Mark.

These documents were published in 2023 following an extensive consultation, which included meetings with over 60 English-language education and higher education stakeholders and 47 written submissions. The documents, which are available on QQI’s website, are the bases upon which IEM authorisation will proceed. It will come into legal effect once the legislation commences.

It is of note that the ELE code of practice and the statutory quality assurance guidelines for English-language education providers establish for the first time a statutory quality assurance process for the ELE sector in Ireland. This represents a significant development for the sector. Feedback from national and international stakeholders has been positive and quality assurance agencies and accreditation organisations internationally have commented positively on the uniquely robust nature of the IEM scheme for ELE providers whereby every aspect of quality assurance is assessed and firmly supported by an intensive due diligence assessment and the learner protection fund.

The ELE code of practice and ELE quality assurance guidelines establish a set of principles and criteria requiring compliance from ELE providers in areas such as supports and services for international learners; ethical marketing and recruitment, including the work of agents; transparency around fees and enrolments; organisational structures and human resource management; appropriate processes for student complaints; and programme design, including the alignment of all programmes to the Common European Framework of Reference for Languages, CEFR.

QQI has developed an application portal and a range of supports for providers that plan to apply for the IEM. Once the legislation is commenced, QQI will seek confirmations of intention to apply from ELE and higher education providers in the first application window.

There will be two initial application windows that will follow consecutively in order that providers that are unsuccessful in their first application may apply again before the legacy inspection and regulatory systems, ACELS and ILEP, are closed. The two application windows will each be approximately one year in duration. During the first six months, providers will prepare their IEM application statement, IEMAS. ELE providers will also prepare to submit their due diligence application. During the second six months, the assessment of compliance with the respective code, and in the case of ELE, with quality assurance and due diligence requirements, will be conducted. QQI has appointed expert assessors to undertake the assessments, which in the case of ELE providers will also include on-site inspections. The assessors will make recommendations to QQI’s approvals and reviews committee on whether an applicant provider should be authorised to use the IEM. The approvals and reviews committee will make the final decision on IEM authorisation. This may be granted with or without conditions, or may be refused. IEM-authorised ELE providers will be monitored for continued compliance through a triennial system of reviews and through their submission of quality reports mid-cycle. A provider that is refused authorisation may appeal the decision under a statutory appeals process.

The IEM is a voluntary scheme. However, for any provider that intends to recruit international learners requiring visas or study permissions, IEM authorisation will be obligatory.

The IEM has been designed to ensure a quality learning experience for ELE learners from pre-enrolment through to the completion of their programme. ELE providers that apply for the IEM will be assessed for the quality of the provision of their programmes and other services and will undergo a robust due diligence assessment. International learners will be fully protected by the PEL scheme and the learner protection fund. Ultimately, the scheme will help the ELE sector to continue its development in a sustainable way and contribute to national strategies for international education, immigration, employment and tourism.

Authorised ELE providers and higher education providers will have access to a new IEM brand, namely, TrustED Ireland, which will be supported and endorsed by the State. It will signify to prospective international learners and other stakeholders that they are trusted education providers.