Present: Dr Esmond Birnie MLA (Chairman)
Mr Mervyn Carrick MLA (Deputy Chairman)
Mr Roy Beggs MLA
Mrs Joan Carson MLA
Mr Roger Hutchinson MLA
Mrs Mary Nelis MLA

In Attendance: Dr Andrew C Peoples
Ms Hilary Bogle
Mr Michael Meehan
Mr Paul Stitt
Mr John McVey, Northern Ireland Assembly Research

Apologies: Mr Joe Byrne MLA
Mr John Dallat MLA
Mr William Hay MLA
Mr John Kelly MLA
Professor Monica McWilliams MLA

Meeting opened at 2.13pm in open session.

The Chairman welcomed Mr Paul Stitt, who has joined the Committee Office as a Clerical Supervisor.

1. Apologies




Apologies are detailed above.

2. Draft Minutes of 29 November 2001
   Agreed. Proposed: Mr Hutchinson. Seconded: Mr Carrick.

3. Matters Arising

The Chairman confirmed that the pre-draft Statutory Rule regarding a self-employment option on the New Deal for Lone Parents Programme was to ensure parity with Great Britain.

Members considered further information from the Association of Northern Ireland Colleges (ANIC) on the membership of the College Employers’ Forum and Negotiating Committees which had been commissioned from ANIC as a result of a request submitted to the Chairman. It was agreed that this information be forwarded as requested.

Action: Clerk

2.20pm. Mrs Carson joined the meeting.

4. Correspondence

The Committee noted the Department for Employment and Learning’s (DEL) response regarding funding of the Northern Ireland Business Partnership (NIBEP). The Committee also noted that the Chairman has asked for additional information from the Department of Education, through the Committee for Education.

The Committee noted the response from the Office of the First Minister and Deputy First Minister (OFMDFM) regarding the consultation on a Victims’ Strategy.

The Committee considered a recent press release from OFMDFM detailing a report on Participation Rates in Further and Higher Education. It was agreed that the Chairman would write to the Chairman of the Committee of the Centre, pointing out that the Committee had not received prior warning of this work or Report and to ascertain if there is any other research being carried out under the auspices of the OFMDFM in relation to DEL. It was also agreed that the Chairman would write to Dr Farren to enquire if he is aware of any other research being carried out by any other department which is related to areas under the remit of DEL.

Action: Clerk

2.22pm Roy Beggs joined the meeting

DEL’s response on the draft Equality Schemes of Further Education Colleges, together with an Assembly Research paper on this subject were considered. It was noted that copies of the Equality Schemes received to date were available, for members’ perusal, in the Committee Office.

Members considered further information from the Minister on Individual Learning Accounts; particularly, their immediate suspension of operation. It was noted that, as agreed by the Committee, the Chairman has already written to the Minister asking for a detailed written brief on the current situation and seeking information on several important policy issues.

5. Any Other Business

Members agreed that Dr Rosanne Cecil’s contract should be extended to cover analysis of the Department’s response to the Committee’s Inquiry Report and assistance in the production of a Special Committee Report as previously agreed.

Action: Clerk

Members considered arrangements for meetings in week commencing Monday 10 December 2001 and agreed that the meeting on Tuesday 11 December 2001 should proceed as agreed. They also agreed to meet on Thursday 13 December 2001, to take evidence on Individual Learning Accounts (ILAs) from –
Belfast Centre for Learning

Dungannon Enterprise Company Ltd

Fermanagh College

The Committee agreed that a panel-type evidence session would be used, with one invited witness from each of the three organisations. This will last one hour.

Action: Clerk

6. Transfer of Undertakings (Protection of Employment) (Regulations) 1981 (TUPE)

Members were briefed by Northern Ireland Assembly Research on the consultation document. The briefing outlined the major issues to be addressed in the consultation and the proposed Government options which fall within two main areas -

• Transfers within public administration

• Service provision changes

Other issues raised included the transfer of pension rights.

The Committee agreed to pass on the TUPE research to any other Committee who request it.

The Committee noted the responses received from the Committee of the Centre and the Committee for Enterprise, Trade and Investment. Following the research briefing, Mr R Gamble, Employment Rights and New Deal Division, and Mr W Caldwell, Employment Rights Branch, from DEL gave evidence on the Department’s perspective of the key issues arising from the consultation. The following issues were debated:-

• Adherence to the European Directive Legislation.

3.15pm Mrs Carson left the meeting.

• Dismissal by reason of a transfer of an undertaking with particular reference to Economic, Technical or Organisational (ETO) reason.

3.18pm Mr Hutchinson left the meeting.

The Chairman suspended the formal meeting at 3.18pm due to the lack of a quorum. The Chairman decided to continue on an informal basis, in closed session.

3.19pm Mr Hutchinson returned.

Quorum was achieved and the meeting resumed in open session.

• Changes to the terms and conditions of employment of affected employees.

• Application of the legislation in relation to insolvency proceedings.

• Employers’ liability compulsory insurance.

7. Date and Time of Next Meeting

On Tuesday 11 December 2001 at 12.30pm in Room 135 Parliament Buildings.

The Chairman adjourned the meeting at 3.32pm.

Dr Esmond Birnie, MLA
Chairman, Committee for Employment and Learning

11 December 2001

29 November 2001 / Menu / 11 December 2001