New Legislation
Westmeath Vocational Education Committee was formed under the 1930 Vocational Education Act. This Act has recently been amended by the Vocational Education (Amendment) Act 2001, also known as the Vocational Education Acts 1930-2001. The new Act can be accessed in full from the Department of Education and Science's website - www.education.gov.ie. This section provides some information on the new legislation, namely the Composition of Committees and the Division of Functions into "Reserved" and "Executive".
Composition of Vocational Education Committees
7. - The Principal Act is hereby amended by-
(a) the substitution of the following section for section 8:
"8. (1) Subject to subsection (2), a vocational education committee shall consist of the following members, that is to say -
(a) 9 members elected by -
(i) the council of the county borough being the borough vocational education area for which that committee is the vocational education committee, or
(ii) the council of the county being or including the county vocational educational area for which that committee is the vocational education committee,as may be appropriate, from among the members of the council concerned,
(b) in the case of a county vocational education area that contains one or more urban districts -
(i) (in respect of council areas containing not more than 4 urban districts) 2 members elected by the council of each urban district within the county vocational education area concerned, whether members of the council concerned or not, or
(ii) (in respect of council areas containing more than 4 urban districts) one member elected by the council of each urban district within the county vocational education area concerned, whether a member of the council concerned or not,
(c) 2 members elected by parents of students who have not reached the age of 18 years and who are registered as students at recognised schools or centres for education established or maintained by the committee,
(d) 2 members elected by members of the staff of the committee, and
(e) 4 members appointed by the council of the county borough, being a borough vocational education area, or by the council of the county, being or including a county vocational education area, as may be appropriate, after consultation with persons elected under paragraphs (a), (b), (c) and (d), from among persons nominated by such bodies as, in the option of the council concerned, are representative of -
(i) students,
(ii) any class of trustees of community colleges maintained by the vocational education committee concerned,
(iii) members of the staff of the vocational education committee (other than members of staff belonging to the same class of members of staff as either of the members elected under paragraph(d)).
(iv) voluntary organisations, community organisations or Irish language interests, or
(v) persons carrying on, in places within the vocational education area concerned, trades, professions or commercial or industrial activities.
(3) Elections held pursuant to this section, shall be conducted in accordance with regulations made by the Minister, after consultation with -
(a) the Irish Vocational Education Association,
(b) in the case of regulations relating to the election of members of -
(i) a vocational education committee in accordance with subsection (1)(a), or
(ii) the County Dublin Vocational Education Committee under subsection (2)(a),
the Minister for the Environment and Local Government,
(c) in the case of regulations relating to the election of members of -
(i) a vocational education committee in accordance with subsection (1) (c), or
(ii) the County Dublin Vocational Education Committee in accordance with subsection (2)(b),
national association of parents, and
(d) in the case of regulations relating to the election of members of -
(i) a vocational education committee in accordance with subsection (1)(d), or
(ii) the County Dublin Vocational Education Committee in accordance with subsection (2)(c),
recognised trade unions and staff associations representing members of the staff of vocational education committees.
(4) Regulations under subsection (3) may provide that both sexes shall be represented on a vocational education committee in such proportions as are specified in the regulations and, for that purpose, may include provisions for the establishment, in respect of elections to which this section applies, panels of candidates comprising women only and panels of candidates comprising men only from which persons shall be elected in accordance with those regulations.
(5) The Minister may make regulations providing that members of both sexes shall be appointed to -
(a) a vocational education committee under subsection (1)(e), or
(b) the County Dublin Vocational Education Committee under subsection (2)(d),
in such proportions as are specified in the regulations.
(6)(a) The Minister shall make an order specifying the number of members of the County Dublin Vocational Education Committee that shall be elected by each council specified in subsection (2)(a), the aggregate of which shall be equal to the number specified in that subsection.
(b) The Minister may by order amend or revoke an order under this subsection (including an order under this paragraph).
(c) Every order under this subsection shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling such order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder".
Division of Functions - Reserved and Executive
The reserved functions relate to the setting of policy and the overall direction of the VEC. These are the responsibility of the Committee of the VEC. The executive functions relate to the day to day administration and management of the VEC. These are the responsibilities of the Chief Executive Officer of the VEC.
9. - (1) Without prejudice to the operation of any other enactment by or under which functions are conferred on a vocational education committee, a vocational education committee shall -
(a) plan, coordinate and review the provision of education and services ancillary thereto in recognised schools and centres for education established or maintained by that committee,
(b) assess whether the manner in which it performs its functions is economical, efficient and effective,
(c) adopt and submit, in accordance with section 30, an education plan,
(d) adopt and submit a service plan to the Minister in accordance with section 25,
(e) where it considers appropriate, make all reasonable efforts to consult, in relation to the performance by it of its functions with -
(i) boards of management of schools established or maintained by that vocational education committee,
(ii) persons performing, in relation to centres of education established or maintained by that vocational educational committee, functions the same as, or substantially the same as, those exercised by boards of management in relation to schools referred to in subparagraph (i),
(iii) students registered at such schools or centres for education,
(iv) parents of students who are so registered and who have not reached the age of 18 years,
(v) members of the staff of that vocational education committee, and
(vi) such other persons as it considers are likely to be affected as a result of the performance by it of its functions, or as it considers have a particular interest or experience in relation to the education or training provided in recognised schools or centres for education established or maintained by it,
and
(f) in the performance of its functions and in so far as is practicable, cooperate with other vocational education committees, schools and such persons providing services similar to or connected with those provided by the vocational education committee concerned in relation to the vocational education area of that committee as the vocational education committee considers appropriate.
(2)(a) A vocational education committee may, with the consent of the Minister, cause such one or more private companies to be formed and registered under the Companies Acts, 1963 to 1999, as it considers appropriate, to perform such of its functions, as it considers appropriate.
(b) A company formed and registered pursuant to paragraph (a) shall be wholly owned by the vocational education committee concerned.
(c) The memorandum and articles of association of a company formed and registered pursuant to paragraph (a) shall be in such form consistent with this Act as may be determined by the vocational education committee concerned with the consent of the Minister and the Minister for Finance.
(d) For the purposes of this subsection a company shall be wholly owned by a vocational education committee if it has no members other than that vocational education committee and its nominees.
Reserved Functions
11. - (1) Each vocational education committee shall, subject to section 31, perform by resolution of the vocational education committee concerned such of its functions as are declared by or under this Act to be reserved functions and "reserved functions' shall in this Act be construed and have effect accordingly.
(2) A function of a vocational education committee under an enactment specified in column (3) of Schedule 2 is hereby declared to be a reserved function.
(3) The Minister may by order declare any function conferred by him or her on a vocational education committee under section 10 to be a reserved function.
(4) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.
(5) The chief executive officer of a vocational educational committee shall assist the vocational education committee for which he or she is the chief officer in the performance of its functions, in such manner as that vocational education committee may require.
(6) The Minister may by order amend or revoke an order under this section (including an order under this subsection).
(7) A vocational education committee shall not perform by resolution of its members, or give a direction in relation to the performance of, a function of that vocational education committee that is not a reserved function.
Executive Functions
12. - (1) Every function of a vocational education committee that is not a reserved function shall be an executive function of that vocational education committee, and "executive function" shall, in this Act, be construed and have effect accordingly.
(2) The executive functions of a vocational education committee shall be performed by the chief executive officer of that vocational education committee.
(3) A chief executive officer shall in the performance of an executive function act in accordance with the policies for the time being of the vocational education committee for which he or she is the chief executive officer.
(4) A chief executive officer shall provide such information to the vocational education committee concerned regarding the performance of his or her functions as the vocational education committee may from time to time require.
(5) A chief executive officer shall provide such information to the Minister regarding the performance of his or her functions as the Minister may from time to time require.
(6) A chief executive officer shall, in relation to the performance of his or her functions, be accountable to the vocational education committee for which he or she is the chief executive officer.
