Patrick Costello (Dublin South Central, Green Party)
Link to this: Individually | In context | Oireachtas source

190. To ask the Minister for Education and Skills if he will provide an update on the implementation of the new national fund for the protection of enrolled learners as per the Qualification and Quality Assurance (Education and Training) (Amendment) Act 2019; the way and the moneys and resources that have been allocated for the establishment of the fund; the steps that have been taken to mitigate potential impact on the Exchequer from exposure to financial risk through the establishment of the fund; and if he will make a statement on the matter. [8928/23]

Simon Harris (Wicklow, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Qualifications and Quality Assurance (Education and Training) Act 2012 imposes a statutory obligation on Quality and Qualifications Ireland (QQI) to assist learners who are affected by either the cessation of a programme of education and training or the non-commencement of a programme where a learner has paid programme fees. Planning is underway to replace the statutory arrangements provided for in the 2012 Act with a more comprehensive statutory scheme which is provided for in the Qualifications and Quality Assurance (Education and Training) (Amendment) Act 2019. The revised scheme will be underpinned by the establishment of a new national Learner Protection Fund which will be managed by QQI.

The new Learner Protection Fund will apply to two categories of programmes. One of these is English language education programmes. The other is programmes on the National Framework of Qualifications (NFQ) that exceed three months' duration, with the exception of certain named public education bodies. Each provider that offers a programme leading to an award included in the NFQ of three months’ duration or longer, and accepts monies from or on behalf of learners in respect of that programme, will be required to pay an annual charge to the Learner Protection Fund. The Fund will be fully resourced by these charges and is designed to ensure that in the case of a protection of enrolled learner event, QQI will have sufficient resources to successfully fund the teaching out of a programme or the transfer of learners to a similar programme.

The introduction of the Fund represents a comprehensive, cost-effective, equitable and transparent approach to the protection of enrolled learners in the State. The Fund will ensure that there will be a single protection of enrolled learner process for all learners irrespective of their chosen provider and programme.

A thorough data collection exercise has recently been undertaken by QQI to gather current and relevant information to inform the annual charge that will apply to the Fund. QQI will be required to consult with all relevant stakeholders before setting the annual charge for the Fund. The annual charge is intended to be as affordable as possible to avoid any undue imposition on providers and learners while also avoiding any risk transfer to the Exchequer.

Under the 2019 Act QQI will be required to publish a report on the operation of the Fund annually. A five-yearly review of the operation of the Fund must also be undertaken by QQI. This review will include submissions from providers to include the appropriateness of the annual charge in the context of demands on the Fund. QQI will be obliged to publish the annual reports and the five-yearly reviews and also to submit them to my Department for presentation to the Houses of the Oireachtas.

My Department is currently working with QQI to put the necessary measures in place to facilitate the introduction of the new Fund. In the interim, existing protection of enrolled learner requirements continue to apply.