Averil Power (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State to the House to take this matter on behalf of the Minister for Education and Skills, Deputy Quinn. I have tabled the matter on behalf of the adult and further education committee of the National Association of Principals and Deputy Principals, NAPD. The NAPD is concerned about the draft scheme of the education (admission to schools) Bill 2013 and the associated regulations that the Minister, Deputy Quinn, has published with the scheme and how they will affect the further education sector in particular.

Further education provision in Ireland has developed within the post-primary sector. It started off as a relatively small sector but today is a major aspect of our education system. More than 50% of students now in further education are over 21 years of age. Clearly, it has become in reality, if not in statute, distinct as a sector from the post-primary education sector. However, to this day, it is still classed by the Department as part of the post-primary sector and covered by the post-primary section of the Department. This has led to a good deal of incoherence. Under some grant schemes the further education colleges and post-leaving certificate colleges have been covered. Representatives from the NAPD informed me today about how, following the initial round of grant announcements issued in the summer, the post-leaving certificate colleges were not covered. When it was brought to the Department's attention that they should be covered, they were included in the second round. This has been the case often in recent years. The schools may be covered under the summer works scheme one year but not the next, and for one set of information technology grants but not the next. The schools were covered for broadband under the information technology grants but not for networking and so on. This has led to a good deal of incoherence in terms of how the post-leaving certificate colleges are covered. The NAPD is concerned that the incoherence seems to be carrying through into the draft legislation on admission rules for schools.

We all agree that the admissions issue needs to be examined to ensure fair processes and that primary and second level schools are not cherry-picking students or disadvantaging those with special needs or Traveller children. While it makes sense that there should be no distinction made on academic achievement, interviews or any selection processes at second level, of course post-leaving certificate courses must be able to distinguish between students on the basis of prior attainment, portfolios, in the case of art courses, and interviews to judge their suitability for further education courses and so on.

Rationally, it makes no sense that these colleges would be covered by this legislation in the same respect and by the same regulations. Given the general scheme of the Bill, the NAPD is concerned that this is the case because the definitions in the Bill relating to schools and the student body could be interpreted as including students in further education colleges. Will the Minister of State clarify whether that is the intention? The wording suggests that they are included and that is why the NAPD is concerned. The association is particularly concerned about the rules in the draft regulations which make it clear that it will not be permissible for schools to interview students as part of the admissions process. Regulation 2 states that it will not be permissible for schools to conduct any assessment or test of the academic or other abilities of students. Clearly, that will not work in a further education context.

The NAPD is concerned because when the Government initially carried out a consultation process following a discussion paper two years ago, the NAPD sent in a response and set out clearly the concerns but this does not appear to have been taken on board. The NAPD believes there should be clear provisions in legislation stating that the law does not apply to further education colleges in the same way. However, that has not been done. The NAPD is seeking a clear commitment that the Minister for Education and Skills has heard these concerns and I have tabled the matter to establish whether the issue has been thought through. Perhaps the Minister of State can give a response on behalf of the Department of Education and Skills.

I call on the Minister to meet the further education and adult education committee of the NAPD to discuss the issue and take on board the concerns. If it is appropriate to develop separate regulations for the further education sector, then it should be done in partnership with the NAPD.

The issues I have raised should be considered in the context of the way the sector is now positioned. It has increasingly been recognised that with the scale of the further education sector and the fact that it is now offering programmes altogether distinct from the post-primary area, from which it grew initially, it should be recognised as a distinct sector.

On the floor of the Dáil on 7 July 2011 the Minister for Education and Skills, Deputy Quinn, said that it was past time the colleges of further education had a separate identity. The context to bring this about is now in place with the establishment of SOLAS and the merging of the education and training boards and so on. Now is the time to recognise further education as a separate and distinct sector on a statutory footing. It is time to build up the sector and match it with our skills needs as an economy and so on. In addition to addressing the particular issues that have arisen with this draft legislation, I call on the Government to give priority to establishing the further education sector as a distinct aspect of our education system, to resource it properly and to ensure we do not end up with circumstances whereby legislation developed for post-primary schools is perhaps somewhat unthinkingly applied to a completely different sector simply because it is under the same section of the Department and has not been given a distinct focus.

Dinny McGinley (Donegal South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank Senator Power for raising the issue as it affords me the opportunity on behalf of my colleague, the Minister for Education and Skills, Deputy Quinn, to outline the position with regard to the draft scheme of the education (admission to schools) Bill 2013 and associated draft regulations.

As the Senator will be aware, in early September the Minister published a draft general scheme for the education (admission to schools) Bill 2013 as well as draft regulations for discussion ahead of enacting the legislation. The heads of the Bill, which have been approved by the Cabinet, propose a new parent-friendly, equitable and consistent framework to regulate school admissions policy for all 4,000 primary and post-primary schools. If enacted, this framework will improve access to schools for all pupils and ensure consistency, fairness and transparency in the admission policies of all schools.

The Minister's aim is to improve the admissions process to ensure that the way schools decide on applications is structured, fair and transparent. The Minister has referred the draft general scheme and draft regulations to the Oireachtas Joint Committee on Education and Social Protection to allow a full public discussion, including input from parents and the education partners. The committee has since invited and has received written submissions from interested individuals and groups including, as I understand it, the submission to which the Senator refers. It will now consider the submissions received and may also decide to invite more individuals or groups to a public hearing should it take the view that this would be beneficial. The Minister for Education and Skills is looking forward to considering the outcome of the committee's considerations of these important proposals in order to proceed to the next age of legislation as soon as possible.

The draft regulatory framework applies to all recognised primary and post-primary schools and its primary focus is on the enrolment of junior infants at primary level and first year students at post-primary level. The Minister acknowledges that some adjustment will need to be made to the scheme to ensure no unintended consequences of the legislation on the arrangement for enrolment in post-primary and post-leaving certificate courses within such schools.

I would like to assure the House that issues of this kind will be addressed before the draft legislation is finalised. It should also be noted that access to post leaving certificate courses is subject to the access, transfer and progression provisions of the Qualifications and Quality Assurance (Education and Training) Act 2012.

I again thank the Senator for providing me with the opportunity to outline the position with regard to the draft scheme of the education (admission to schools) Bill 2013 and associated draft regulations.

Averil Power (Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I strongly welcome the acknowledgement in the Minister's response of the need to adjust the general scheme of the Bill to ensure there are no unintended consequences for the plc courses. At least it shows there is an awareness in the Department that there are issues. I appreciate also his reassurance that those issues will be addressed before the legislation is finalised. I reiterate that the reason the issue has arisen and the reason we end up with unintended consequences in the further education sector is that they are treated as post-primary schools, despite the fact that in reality the sector has grown into something different. That reality needs to be recognised and the sector needs to be set up properly as a distinct sector on a statutory basis. I reiterate my call that the Minister convey the matter to the Minister for Education and Skills, Deputy Ruairí Quinn, that he meet the NAPD to discuss how the legislation can be improved to ensure there are not the unintended consequences that the Minister has acknowledged and to discuss the future of the further education and adult education sector and how it fits within his overall vision in terms of SOLAS and the education and training boards. He has acknowledged in the other House the need to recognise the distinct role the further education sector has to play particularly in the current economic environment and in the training context.

Dinny McGinley (Donegal South West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister is engaging in wide consultation. He has already initiated the process and will continue it, if necessary. I will bring the Senator's comments to his attention.