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COMMITTEE FOR EMPLOYMENT AND LEARNING MINUTES OF PROCEEDINGS: THURSDAY, 18 APRIL 2002 Present:Dr Esmond Birnie MLA (Chairman) In Attendance:Dr Andrew Peoples Apologies: Mrs Joan Carson MLA The meeting opened at 2.10pm in open session. The Chairman welcomed Dr Adamson to his first meeting of the Committee for Employment and Learning, having replaced Mr Beggs on Monday 15 April 2002. 1. Apologies Apologies are detailed above. 2. Draft Minutes of 11 April 2002 Agreed. Proposed: Mr Dallat.Seconded: Mrs Nelis. 3. Matters Arising Mrs Nelis queried whether correspondence from Lenadoon Community Forum had been dealt with at a previous meeting. The Chairman explained that the Committee had agreed to consider their paper during members’ deliberations on the Action Plan from the Taskforce for Employability and Long-Term Unemployment. The Forum had also asked to brief the Committee and this would be considered as part of the Committee’s consideration of their Forward Work Programme, which was scheduled later on the agenda. 2.12pm. The meeting continued in closed session to deal with Committee responses to financial matters. 4. Committee Responses Members considered a draft response to DEL’s draft Position Report on the Budget 2002 process, and agreed that this should be issued to the Department and to the Committee for Finance and Personnel. The Chairman emphasised that the document was still confidential, until the Executive announces the outcome of the bids. Action: Clerk Members considered a draft response on DEL’s bids for support from the Executive Programme Infrastructure Fund and agreed that this should be issued to the Department and to the Committee for Finance and Personnel. Members noted that the Department had not yet forwarded the supporting economic appraisal. The Chairman again emphasised the confidentiality of this document, until the outcome of the bids is known. Action: Clerk 2.14pm. The meeting returned to open session. Members debated the key issues arising from the interim report on the Government Office Accommodation Review and directed the Clerk to draft a response for consideration at the next meeting. Action: Clerk 5. Correspondence Members considered the views of various bodies and individuals, which had been forwarded to the Chairman on the proposed merger of the Northern Ireland Hotel and Catering College and the University of Ulster. It was noted that the consultation period had ended and that the Committee has requested a copy of all submissions to the process. Members agreed to await receipt of these documents, before deciding on the Committee’s way forward. Members considered DEL’s consultation paper on two proposed amendments to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000: - "that, consistent with the European Council Directive on Fixed-Term Work (1999/70/EC) which is required to be transposed in the United Kingdom by 10 July 2002, there is no longer a distinction between fixed-term and open ended contracts, for the purposes of ascertaining what are different types of contract for the purposes of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations (Northern Ireland) 2000." "that in order to comply with the terms of the judgement of the House of Lords in Preston –v- Woverhampton Healthcare Trust (No.2) (2001) ICR 217 there is no longer a requirement that complaints of less favourable treatment in relation to an occupational pension scheme be limited to a period of two years before the date on which the complaint was presented." The Committee was supportive of the proposed amendments and it was agreed not to respond at this stage. Members noted correspondence from the Inland Revenue Northern Ireland in response to a request by the Committee for clarification as to what extent Working Family Tax Credit, received by eligible students, is reduced on receipt of student loans and/or bursaries. Members noted an invitation from R.E.C.reation Northern Ireland to an ‘Association of American Study Abroad’ event from Friday 19 April 2002 to Sunday 21 April 2002. Members considered a copy of a letter to the Minister for Employment and Learning from Jane Morrice MLA and Jim Wilson MLA expressing concern over the loss of European Social Funding for the National Vocational Qualification (NVQ) programme being undertaken by Conservation Volunteers, Northern Ireland. Following debate it was agreed to request an oral briefing on the European Social Fund. Action: Clerk Members considered correspondence received from DEL in response to the Committee’s request for clarification on the appointment of internal auditors in Further Education Colleges in Northern Ireland. Following debate it was agreed that the Chairman should write to DEL seeking further clarification on the issues raised. Action: Clerk Members noted correspondence received from the Office of the First and Deputy First Minister thanking the Committee for its response on the proposed terms of reference for the review of Public Administration. Members noted the receipt of two reports from Belfast European Partnership Board entitled ‘Evaluation of the Belfast European Partnership Board’s Small Grants Programme’ and ‘Community Consortia Model: Evaluation’. Members noted receipt of a copy of the new public health strategy entitled ‘Investing for Health’ which was produced by the Ministerial Group on Public Health. Members noted correspondence from Queen’s University Belfast and the University of Ulster in response to a request from the Committee for information on undergraduate courses and their duration. Members noted an invitation to a ‘Europe Day’ reception being hosted by the European Commission and the Committee of the Centre on Thursday 9 May 2002. Members noted receipt of the Northern Ireland Certification Officer’s Annual Report 2001. 6. Legislation Members considered a pre-draft Statutory Rule under powers conferred by Articles 50(1) and (2) and 134(1) of the Education and Libraries (Northern Ireland) Order 1986 to amend Regulation 3 of the Students Awards Regulations (Northern Ireland) 2001 which is subject to the negative resolution. The Committee had no objections to the policy implications of the proposed legislation at this stage. Members considered a pre-draft Statutory Rule under powers conferred by Articles 3 and 8(4) of the Education (Student Support) (Northern Ireland) Order 1998 to amend the current Student Support Regulations (Northern Ireland) 2001 which is subject to the negative resolution. The Committee had no objections to the policy implications of the proposed legislation at this stage. Members considered a pre-draft Statutory Rule under powers conferred by Article 84A (2) and (8) of the Industrial Relations (Northern Ireland) Order 1992 to provide for a voluntary alternative to the resolution of cases through the Industrial Tribunal system which is subject to the negative resolution. The Committee had no objections to the policy implications of the proposed legislation at this stage. Members considered Statutory Rule 135/2002, which has been laid in the Business Office, together with a draft Report from the Examiner of Statutory Rules. It was agreed that: "the Committee for Employment and Learning has considered SR 135/2002: Maternity and Parental Leave etc (Amendment No. 2) Regulations (Northern Ireland) 2002, which is subject to the confirmative resolution, and is supportive of the Rule." The Clerk was directed to inform the Business Office and notify the Department. Action: Clerk Members considered Statutory Rule 133/2002, which has been laid in the Business Office, together with a draft Report from the Examiner of Statutory Rules. It was agreed that: "the Committee for Employment and Learning has considered SR 133/2002: Pneumoconiosis, etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations (Northern Ireland) 200 and is supportive of the Rule on the condition that a further Statutory Rule, subject to negative resolution, is laid in the immediate future to address a technical drafting error as specified in the Examiner of Statutory Rule’s draft report." The Committee’s support to this Statutory Rule with a technical drafting defect is to ensure that no one is disadvantaged if it was not affirmed by the Assembly and that the error is corrected as soon as possible. The Statutory Rule 133/2002 is subject to the affirmative resolution. The Clerk was directed to inform the Business Office and notify the Department. Action: Clerk The Committee agreed to request information from the Department in respect of the treatment of contacts to those infected, who subsequently developed a disease as stipulated in Statutory Rule 133/02. Action: Clerk 3.28pm. Mr Kelly left the meeting. The Committee noted correspondence from DEL clarifying points raised by the Committee in its response to Proposed Statutory Rule: Further Education (Amendment of Governing Bodies’ Powers) (Northern Ireland) 2002. 7. Forward Work Programme Members debated the Forward Work Programme for the Committee. It was agreed to give this further consideration at the next meeting. 8. Any Other Business The Chairman informed members that following the launch on 17 April 2002 of the Essential Skills for Living Strategy the report would be available to members at the next meeting. The Chairman informed members that he and the Deputy Chairman had met with the Minister on Monday 15 April 2002 to address issues raised by the Minister on 2001/02 Monitoring Rounds and Further Education Colleges’ Recovery Plans. They had agreed that a further meeting would be arranged when the Minister was in a position to respond in more detail to the issues raised. The Chairman adjourned the meeting at 3.38pm. Dr Esmond Birnie, MLA |