Ruairi Quinn (Dublin South East, Labour) | Oireachtas source

The main provisions of the Bill are to provide for the establishment of SOLAS, the dissolution of FÁS and the transfer of staff and property of the FÁS training division to the newly formed ETBs.

The Bill is divided into four Parts and one Schedule. Sections 1 to 4, inclusive, deal with technical matters such as the Short Title and commencement, the definitions of frequently used terms, expenses in the administration of the Bill and the repeal of FÁS legislation.

Sections 5 and 6 include provisions to enable the establishment of SOLAS. Section 7 sets out the key functions of SOLAS, many of which I have touched on. Section 8 provides that the Minister may confer additional functions on SOLAS with the consent of the Minister for Public Expenditure and Reform.

Section 9 sets out the detailed requirements of the further education and training strategy, to which I referred. This section provides that SOLAS will prepare and submit to the Minister for approval a five year national strategy for the provision of further education and training. SOLAS will prepare the plan having regard to the directions of the Minister, the likely cost of implementing the plan and consultations with the Minister, the Minister for Jobs, Enterprise and Innovation and the Minister for Social Protection. It may also consult appropriate stakeholders, including ETBs, other providers of further education and training programmes, the Higher Education Authority, Enterprise Ireland, Teagasc, Quality and Qualifications Ireland, QQI, and employers.

Sections 10 to 14, inclusive, set out the structure of the board of SOLAS, the eligibility criteria for membership and conditions of office of members of the board. The board will comprise 13 members, including the chairperson. Eight persons will be appointed by the Minister, following consultation with the Minister for Social Protection and the Minister for Jobs, Enterprise and Innovation, who, in the opinion of the Minister, have experience and expertise in matters connected with the functions of SOLAS or with finance, trade, commerce, corporate governance or public administration. Two persons will be nominated directly by the Minister for Social Protection and appointed by the Minister for Education and Skills. One person will be appointed by the Minister from among persons considered to be representative of those in receipt of further education and training. The chairperson will be appointed by the Minister and the chief executive officer of SOLAS will be an ex officio member of the board of SOLAS.

Section 15 provides that where either a member of the board of SOLAS or a staff member is elected a Member of either of the Houses of the Oireachtas or elected to be a Member of the European Parliament, that person shall either cease to be a member of the board or the staff member in question shall stand seconded from SOLAS and will not be paid by it.

Sections 16 and 17 deal with board members or staff conflicts of interest and provide that where a member of the board has a material interest in matters being discussed, that person shall disclose the interest and not be involved in the decision-making process relating to that matter.

It is important to note that these provisions largely copy the additional safeguards introduced in the aftermath of the crisis in FÁS by the Labour Services (Amendment) Act 2009.

Section 18 prohibits the unauthorised disclosure of confidential information.

Section 19 allows the Minister to give a direction in writing to SOLAS in relation to the performance of its functions. Section 20 provides for the Minister to advance moneys provided by the Oireachtas and the national training fund to SOLAS with the consent of the Minister for Public Expenditure and Reform. Section 21 provides that SOLAS may provide grants, subject to terms and conditions, to public and private training bodies with the consent of the Minister. SOLAS shall inform the Minister where an ETB contravenes these terms and conditions. This will allow the Minister to take action against such bodies, where appropriate. Section 22 permits SOLAS to borrow money subject to the approval of the Minister with the consent of the Minister for Public Expenditure and Reform.

Sections 23 to 26, inclusive, provide for the appointment of a chief executive officer, his or her role and functions in the organisation and his or her accountability to the Committee of Public Accounts and other Oireachtas committees. The chief executive officer will also be an ex officiomember of the board of SOLAS.

Sections 27 to 29, inclusive, deal with staffing issues of the new authority, including the transfer of staff and superannuation rights from FÁS to SOLAS. Section 30 provides that SOLAS will submit a three year strategy statement in respect of the organisation not later than six months following its establishment and the Minister will have a copy of the strategy laid before each House of the Oireachtas.

Sections 31 and 32 set out the requirements of SOLAS in respect of delivering an annual report and set of accounts to the Minister which will be laid before both Houses of the Oireachtas. Section 33 allows SOLAS to accept gifts with the consent of the Minister and the Minister for Public Expenditure and Reform.

Section 34 is at the heart of some of the issues that brought about the end of FÁS. It provides protection for a whistleblower who, in good faith, reports an offence under the Bill or any other enactment that has been or is being committed or other serious wrongdoing relating to SOLAS. Section 35 prohibits the penalisation of SOLAS employees for making a complaint to a member of An Garda Síochána or a member of the SOLAS board that a provision of this Bill or any enactment or other rule of law has been or is being contravened. It prohibits the penalisation of SOLAS employees for making a complaint to the Minister that a direction given by him under the Bill has been or is being contravened. It also prohibits the penalisation of SOLAS employees for making a complaint to a member of the SOLAS board that there has been serious wrongdoing relating to SOLAS or for giving evidence in proceedings under the Bill or any other enactment. Section 36 provides that any person making a false statement in the context of section 35 shall be guilty of an offence.

Sections 37 to 44, inclusive, deal with the winding up and dissolution of FÁS, including the transfer of FÁS functions and property to SOLAS. It also provides for the transfer of FÁS rights and liabilities to SOLAS and the continuity of schemes created by FÁS, where appropriate. Section 45 relates to a definition of a term. Section 46 provides the Minister with the power to designate staff for transfer on a transfer day from SOLAS to the proposed ETBs under no less beneficial terms and conditions of service relating to remuneration and superannuation which they enjoyed immediately prior to the transfer day. Section 47 provides for the transfer of land and other property to ETBs. Section 48 and 49 relate to the transfer of other rights, liabilities and other matters.

Section 50 provides that the Freedom of Information Act 1997 shall apply to SOLAS on its establishment. Section 51 refers to an amendment to the Qualifications and Quality Assurance (Education and Training) Act 2012.

The Schedule provides a vehicle for seeking redress for contravention of section 35. It provides for the process of obtaining redress where an employee of SOLAS is penalised by it for making a complaint to a member of the Garda or a member of the SOLAS board that a provision of the Bill or any enactment or other rule of law has been or is being contravened, for making a complaint to the Minister that a direction given by him under the Bill has been or is being contravened, for making a complaint to a member of the SOLAS board that there has been serious wrongdoing relating to SOLAS, for giving evidence in proceedings under the Bill or any other enactment. The Government is determined that the establishment of SOLAS, combined with the establishment of the ETBs, will provide a framework for the positive future management and development of the further education and training sector. I, therefore, commend the Bill to the House.