EDUCATION BILL

EXPLANATORY AND FINANCIAL MEMORANDUM

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared by the Department of Education in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It does not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or Schedule does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

Background to the proposals

3. The Bill is intended to provide for the establishment of the Education and Skills Authority (“ESA”). The decision to create ESA flows from the work taken forward in connection with the Review of Public Administration (“RPA”), which was announced in November 2005. The RPA was conducted as an enabler of other key education reforms, including assisting the raising of standards, ensuring equality of access to the curriculum, and ensuring effective planning and delivery of the schools estate.

4. The objective in achieving the aims of the RPA in the context of the provision of education is to ensure that a model can be devised which would meet those aims, whilst keeping the quality of education in central focus. It is considered that the creation of ESA meets that objective.

5. ESA is intended to streamline the delivery of education services which are currently provided by a number of separate bodies, namely; five Education and Library Boards; the Council for Curriculum Examination and Assessment (“CCEA”); the Staff Commission for the Education and Library Boards and the Youth Council for Northern Ireland. In addition, ESA will deliver the frontline functions currently undertaken by the Council for Catholic Maintained Schools (“CCMS”), the Northern Ireland Council for Integrated Education (“NICIE”), Comhairle na Gaelscolaíochta (“CnaG”) and some functions carried out by the Department of Education.

6. ESA, therefore, will have responsibility for funding and providing support services to grant-aided schools and youth services; delivering school improvement programmes; monitoring school performance and intervening and supporting as necessary; advising on curriculum and assessment, development and delivery of qualifications; and acting as the employer of teaching and other staff in grant-aided schools. ESA will also have responsibility for other ancillary issues, for example, contributing to the protection of children and young persons and civil contingencies.

Purpose of the Bill and summary of its main provisions

7. The Bill establishes ESA. In establishing ESA, the Bill sets out the duties and powers which ESA will have responsibility for discharging, together with making provision for the constitution of the authority. The latter includes provision in relation to the structure of ESA, its membership and size, and the regulation of the appointment of the Chief Executive.

8. The Bill makes provision for the dissolution of existing organisations and the transfer of the duties, functions, assets, liabilities and staff from those organisations to ESA. Those organisations are Education and Library Boards; CCEA; the Staff Commission for the Education and Library Boards and the Youth Council for Northern Ireland. The Bill also makes provision for the dissolution of CCMS and the transfer of certain duties, functions, assets, liabilities and staff to ESA. The Bill also makes provision for the transfer of certain duties, functions, assets, liabilities and staff from the Department of Education to ESA.

9. The Bill makes provision for ESA to be the employing authority for all staff in grant-aided schools.

10. The Bill also makes provision for ESA to carry out other functions, including provision of training and advisory and support services for schools; the provision of a school library service; and the provision of educational and youth services and facilities. The Bill also confers various powers on ESA, including a power to undertake commercial activities.

11. The Bill also makes provision regarding the duty of ESA in relation to examinations, assessments, qualifications and the curriculum.

12. The Bill makes provision in relation to the management of schools, including provision in relation to the schemes of management of grant-aided schools and provisions in relation to Boards of Governors of certain schools.

13. The Bill makes provision regarding the powers of the General Teaching Council and Department of Education, Department for Employment and Learning and the Department of Culture, Arts and Leisure in relation to the carrying out of inspections of facilities.

CONSULTATION

14. The Review of Public Administration was launched by the former Executive in June 2002. Following suspension of the Northern Ireland Assembly in October 2002, the review was taken forward by Direct Rule Ministers. The objective was to review the existing arrangements for accountability, development, administration and delivery of public services, and bring forward options for reform that were consistent with the arrangements and principles of the Belfast Agreement, within an appropriate framework of political and financial accountability.

15. In November 2005 the then Secretary of State for Northern Ireland, the Right Honourable Peter Hain MP, set out the broad proposals for reform of public administration as part of the Review of Public Administration announcements. The detailed proposals in relation to education were set out in the former education Minister, Angela Smith’s, statement of 22 November 2005. Since the announcement in 2005, officials in the Department of Education developed a range of policies to give effect to the contents of the RPA statement. In early 2006, the Department of Education set up a working group to consult with education stakeholders to keep them informed of policy developments. This series of stakeholder meetings also provided stakeholders with the opportunity to offer their views. In addition, officials held meetings with particular sectoral representatives. In May 2006, an Education stakeholders group was established in order to discuss issues emerging from the implementation of RPA. On 28 November 2006, the Department of Education issued to interested parties a number of high level policy papers, giving them the opportunity to comment on the content of those policy papers. The views of the education stakeholders group were also reflected in these policy papers. An analysis report of consultation responses was published in May 2007. Since that date there have been ongoing meetings with stakeholders and other interested parties which have helped further shape policy decisions.

OPTIONS CONSIDERED

Education administration structures

16. The consultation document published in March 2005, contained an option for the establishment of two organisations: an education support services body; and a curriculum and teacher support body. The former was intended to bring together the functions of the Education and Library Boards, and the direct support functions of: CCMS; CnaG; and the Staff Commission. The body was also intended to take on the operational functions of DE, and to be the single employing authority for all staff in grant-aided schools.

17. The curriculum and teacher support body was intended to bring together the professional support functions discharged by: CEA; the Curriculum Advisory Support Service (CASS); Classroom 2000 (C2K); and the Regional Training Unit (RTU).

18. Following consultation it was concluded that the establishment of a single body discharging all of these functions would meet the objectives of the RPA more fully, and that the two-body option would offer no additional advantages.

Curriculum for children and young people aged 14 to 19

19. Following the RPA announcements of November 2005, direct rule Ministers decided that the ESA should have responsibility for securing the delivery of the entire curriculum for children and young people aged between 14 and 19, including teaching and learning in schools and further education colleges. This would have involved the transfer of some operational functions from the Department for Employment and Learning (DEL) to the ESA. Following the restoration of devolution, the Minister for Employment and learning decided that, whilst DEL and DE would work together on the curriculum, the transfer of functions from DEL to the ESA would not proceed.

Youth services

20. The March 2005 consultation document included an option for the transfer of responsibility for youth services from education to local government. This was in recognition of the opportunities for better synergy with council activities such as: community services; safety and relations; sport and leisure; and health education.

21. Following consultation, it was decided not to proceed with this option. This was in recognition of the synergy between the formal education system and youth services, particularly for the most disadvantaged children and young people, and those at greatest risk of educational under attainment.

OVERVIEW

22. The Bill has 55 clauses and 8 Schedules. A commentary on each of the clauses and Schedules follows below. However, where a clause or part of a clause or Schedule does not seem to require an explanation or comment, none is given.

COMMENTARY ON CLAUSES

Clause 1: The Education and Skills Authority

This clause provides for the establishment of the Education and Skills Authority (ESA) and applies Schedule 1, which puts in place arrangements for membership of the Authority and also provides for the financing of the Authority and the accountability arrangements.

Clause 2: Functions and general duty of ESA

This clause places a duty on ESA to deliver education to children and young people. This will be achieved through a framework that allows ESA to carry out its functions in a manner which it considers are best calculated to deliver efficient and effective provision of schools, youth services and pre-school services.

Clause 3: ESA to employ all staff of grant-aided schools

This clause provides that all teachers and other persons employed on the staff of grant-aided schools are employed by ESA. This clause also provides for definitions of terms that are used in subsequent clauses.

Clause 4: Employment schemes for grant-aided schools

This clause provides that there will be an employment scheme for every grant-aided school. An employment scheme will contain compulsory elements, for example, the appointment of staff; and regulation and conduct and discipline of staff. An employment scheme may also detail procedures to be followed by ESA and Boards of Governors in relation to any of these compulsory elements. The clause also provides that employment schemes, in relation to controlled or maintained schools, may make different provision for times when the school has, or does not have, a delegated budget.

Clause 5: Preparation and approval of employment schemes

This clause requires grant-aided schools to prepare an employment scheme for the school, and to submit that scheme to ESA for its approval. The scheme will not come into force until it is approved by ESA. ESA may approve the scheme in the form in which it is submitted, or approve it with such modifications as it thinks fit after consulting with the school. In drafting the scheme, guidance will be made available by ESA. The guidance may contain model schemes, and shall be kept under review and revised by ESA as required.

Clause 6: Reserve power of ESA to make employment scheme

In the event that a school fails to submit a scheme, the school asks ESA to draft a scheme for it, or ESA considers that the scheme does not accord with any guidance, ESA may make an employment scheme for the school. Before making such a scheme, ESA shall consult the school.

Clause 7: Revision of employment schemes

This clause allows schools to prepare and submit a revised employment scheme, if directed by ESA, or required by guidance, or at any other time.

Clause 8: Effect of employment scheme

This clause places a duty on Boards of Governors and ESA to give effect to employment schemes. If ESA considers that a Board of Governors has made a decision which is not in accordance with the employment scheme, ESA may require the Board of Governors to reconsider that decision.

Clause 9: Transfer to ESA of staff employed by Boards of Governors

This clause applies Schedule 2, which makes provision for the transfer of staff employed by Boards of Governors to ESA.

Clause 10: ESA to employ peripatetic teachers

This clause allows ESA, in accordance with a scheme, to employ peripatetic teachers. This scheme shall be prepared or revised in consultation with Boards of Governors; schools; and in accordance with any guidance issued by the Department.

Clause 11: Salaries, etc of staff: administrative and financial arrangements

This clause allows the Boards of Governors of Voluntary Grammar and Grant Maintained Integrated schools, who were issuing payment of salaries to staff prior to the operation of this legislation, to continue to pay salaries and contributions on behalf of ESA. The clause provides that the budget share under the Common Funding Scheme shall not include salaries or other contributions, however for those Voluntary Grammar and Grant Maintained Integrated schools which are to issue payment on behalf of ESA, the budget share shall contain such amounts.

Clause 12: Modification of employment law

This clause allows the Department, by order, to make modifications in employment law if necessary.

Clause 13: ESA to provide or secure provision of training and advisory and support services for schools

This clause places a duty on ESA to provide or secure the training or further training and advisory and support services for Boards of Governors and teaching and other staff in grant-aided schools.

Clause 14: ESA to provide library services to grant-aided schools and other educational establishments

This clause places a duty on ESA to provide library services in grant-aided schools and other educational establishments which are grant-aided by the Department or ESA.

Clause 15: ESA to secure provision of educational and youth services and facilities

This clause places a duty on ESA to secure the provision of adequate facilities for educational and youth services. Furthermore, ESA may, with the approval of the Department, carry out other activities, such as providing leaders and providing financial assistance to participants. ESA may also make grants for the establishment, maintenance or management of any facilities on such conditions as ESA may determine. This clause also allows ESA to make bye-laws, for example, preventing disorder and nuisance in these facilities.

Clause 16: ESA to pay capital grants to voluntary and grant-maintained integrated schools

This clause provides that capital grants to these schools, which were formerly paid by the Department, will be paid by ESA.

Clause 17: ESA to pay superannuation benefits of teachers

This clause provides that superannuation benefits for teachers, which were formerly paid by the Department, will be paid by ESA.

Clause 18: Ancillary powers of ESA

This clause affords ESA the scope to do anything, which in its opinion would be useful in fulfilling its functions, for example, the ability to form bodies corporate, carry out research, or provide advice to other statutory bodies.

Clause 19: Power of ESA to undertake commercial activities

This clause allows ESA to charge other bodies or persons for goods or services provided by ESA. The exercise of this power must be approved by the Department of Education and may be subject to certain conditions placed on ESA by the Department.

Clause 20: Power to confer functions on ESA in relation to civil contingencies

This enabling clause allows the Department to confer powers or impose duties on ESA in relation to emergency preparedness and response.

Clause 21: Dissolution of certain statutory bodies

This clause formally dissolves the education and library boards, the Council for Catholic Maintained Schools, the Northern Ireland Council for the Curriculum, Examinations and Assessment, the Staff Commission for Education and Library Boards and the Youth Council for Northern Ireland.

Clause 22: Transfer of assets, liabilities and staff

This clause applies Schedules 3, 4 and 5 which set out the detail for transferring the assets, liabilities and staff of the dissolved bodies, together with staff to be transferred from the Department to ESA.

Clause 23: General duty of the Department and DEL

This clause places a new general duty on the Department and DEL regarding the education of children and young persons, together with the promotion of further and higher education.

Clause 24: Duty of ESA to conduct examinations and assessments

With the dissolution of CCEA, ESA shall conduct relevant examinations and assessments; draw up rules and specifications and specimen papers; charge fees; moderate examinations; and award certificates to candidates.

Clause 25: Other functions of ESA in relation to the curriculum, examinations and assessments

This clause allows ESA to carry out other functions in relation to the curriculum, examination and assessments, for example, production of teaching materials, and the publication of guidance regarding the curriculum. ESA also may charge other examining bodies or authorities for carrying out functions on its behalf.

Clause 26: Discharge by ESA of its functions under sections 24 and 25

In carrying out its functions in relation to the curriculum, examinations and assessments, ESA is placed under a duty to have regard to the requirements of industry, commerce and the professions as regards education, and also the requirements of people with special educational needs and learning difficulties.

Clause 27: Functions of the Department in relation to accreditation of certain external qualifications

This clause requires the Department to develop and publish accreditation criteria for external qualifications, and accredit those qualifications where they meet those criteria. The Department may obtain advice from ESA or any UK body exercising accreditation functions and shall seek to ensure that standards of qualifications accredited by it are recognised as equivalent to standards of qualifications accredited by other UK bodies.

Clause 28: Approval of courses leading to external qualifications

This clause ensures that grant-aided schools will only provide courses of study which result in a qualification which is approved by the Department. Likewise, this clause also ensures that institutions of further education will only provide courses of study which are approved by the Department for Employment and Learning.

Clause 29: Disciplinary powers of General Teaching Council

This clause amends existing provision for disciplinary procedures in respect of teachers by the General Teaching Council (GTC) in cases of unacceptable professional conduct or the conviction of registered teachers. The clause allows for regulations to be made which would allow the GTC to issue and revise a code which lays down standards of professional conduct and practice which is expected of registered teachers. The clause also inserts a new Schedule into the existing legislation which outlines the particular disciplinary powers of the GTC and the procedures that must be followed in carrying out a disciplinary case.

Clause 30: Schemes of Management

This clause requires every grant-aided school to have in place a scheme of management, which provides for the membership and procedures of the Board of Governors of that school and the management of the school. It is the duty of the Board of Governors to give effect to the scheme of management.

Clause 31: Preparation and approval of schemes of management

This clause places a duty on, in the case of Catholic Maintained schools, the trustees, or in the case of any other grant-aided school, the Board of Governors, to prepare a scheme of management for the school. The trustees or Board of Governors are also placed under a duty to submit that scheme to ESA for approval. In preparing the scheme, the drafter shall take account of any guidance issued by ESA. This guidance can contain model schemes. If trustees or Boards of Governors are submitting a modified model scheme to ESA, they must highlight any changes they make to that scheme. A scheme of management shall not come into force until approved by ESA. ESA may approve a scheme without modifications or may modify the scheme following consultation with trustees or Boards of Governors.

Clause 32: Reserve power of ESA to make scheme of management

This clause provides that ESA may make a scheme of management if a school fails to submit a scheme; a school requests ESA to make a scheme; or ESA considers that a scheme does not accord with its guidance. Before making such a scheme, ESA shall consult the relevant trustees or Board of Governors.

Clause 33: Revision of schemes of management

This clause ensures that the trustees or Boards of Governors of a grant-aided school will provide ESA with an amended scheme if ESA so requires. The revised scheme should take into account any guidance issued by ESA. Any new scheme will not come into operation until it has been approved by ESA.

Clause 34: Duties of Board of Governors in relation to achievement of high standards of educational attainment

This clause places a duty on the Board of Governors of a grant-aided school to promote high standards of educational attainment by pupils of the school. It is also the duty of the Board of Governors to co-operate with ESA regarding actions that ESA has undertaken to promote the achievement of high standards of educational attainment.

Clause 35: Community Governors for controlled, maintained, grant-maintained integrated and certain voluntary grammar schools

This clause provides that Boards of Governors shall contain community governors. A community governor is a person living or working in the local community.

Clause 36: Part-time teachers to be eligible for election as governors

This clause allows part time assistant teachers to be eligible for election to a Board of Governors.

Clause 37: Inspections on behalf of the Department

This clause allows inspectors appointed by the Department to conduct inspections in schools or an establishment which is grant-aided by the Department or ESA, or an establishment where education, educational or youth services are provided, with the exception of a dwelling house. These establishments shall be open at all reasonable times to inspection. It is the duty of inspectors to promote the highest standards of education and professional practice among teachers in these establishments. Inspectors shall monitor, inspect and report on the standard of education and the standards of professional practice among teachers and the staff of an establishment. It shall also be the duty of Inspectors to monitor, inspect and report on any advisory and support services provided to the establishment by ESA. Inspectors may also monitor, inspect or report on wider aspects of the establishment, including its management, staffing, equipment and accommodation. Inspectors will not be able to exercise their powers in relation to the provision of religious education in grant-aided schools, except with the agreement of the Board of Governors of that school. As a result of an inspection report, the Department may give directions to require the school to remedy any matter raised in the report.

Clause 38: Powers of inspectors

This clause provides inspectors with the power to inspect, take copies of, or take away any documents relating to the establishment they are inspecting. It also gives inspectors the power to require the production of any document. These powers may be exercised at reasonable times only.

Clause 39: Reports and action plans

This clause requires inspectors, upon completion of an inspection, to make a written report and send copies of that report to the Department, ESA and a Board of Governors, a proprietor of an independent school or a body or person in charge of activities carried on at the inspected establishment. A Board of Governors, a proprietor or a body in charge of activities may be required to prepare a written statement containing the action it proposes to take as a result of the report and the timescale in which it proposes to take that action.

Clause 40: Inspections of library premises

This clause sets out the arrangements for inspecting library premises.

Clause 41: Inspections on behalf of DEL

This clause places a duty on institutions of further education and colleges of education to be open at all reasonable times for inspection. These inspections shall be carried out by inspectors authorised by DEL. These inspectors have a duty to promote high standards of education and professional practice among teachers. Inspectors shall monitor, inspect and report on the standard of education and the standards of professional practice among teachers on the staff and may advise DEL on any aspect of the curriculum. Inspectors may also monitor, inspect or report on wider aspects of the establishment, including its management, staffing, equipment and accommodation. DEL may give directions to require the establishment to remedy any matter raised in the report.

Clause 42: Assessors and lay persons

This clause provides that inspectors may be accompanied and assisted by assessors and lay persons appointed by the Department. A person shall not be appointed to a panel of lay persons unless they have significant experience in management or provision of education. The Department will ensure that a lay person shall not be assigned to any inspection if that person has, or has had, any connection with the establishment in question which may raise doubts about that person’s ability to act in impartial manner.

Clause 43: Grants for educational and youth services, etc

This clause allows the Department, DEL and DCAL, in accordance with regulations, to pay grants to persons for various services and research connected to education. These grants shall not be paid to ESA, the trustees or managers of a voluntary or grant-maintained integrated school, or the governing body of an institution of further education.

Clause 44: Safeguarding and promoting welfare of children and young persons

This clause places a duty on ESA to ensure that its functions are exercised with a view to safeguarding and promoting the welfare of children and young persons. In carrying out that duty, ESA shall have regard to any guidance issued by the Department. ESA shall review the exercise of child protection duty by Boards of Governors, providers of funded pre-school education and persons in receipt of certain grants. ESA may issue such guidance or directions as necessary to ensure compliance with child protection duties.

Clause 45: Duty on providers of funded pre-school education to safeguard and promote welfare of children

This clause places a duty on persons providing funded pre-school education to safeguard and promote the welfare of those children on their premises or under their lawful control. It shall be the duty of such a person to determine and review measures that will protect children from abuse, having regard to any guidance given by the Department or ESA. The Department may direct such persons to review those measures. Such persons shall be required to prepare a written statement of those measures and provide copies free of charge to parents and staff, and to ensure that those measures are taken.

Clause 46: Duty of providers of educational and youth services to safeguard and promote welfare of children

This clause places a duty on ESA or the Department to ensure that grants for educational or youth services are made subject to such conditions as are necessary or expedient to safeguard and protect the welfare of children and young persons. The clause also places a duty on ESA or the Department to ensure that any agreement or arrangement for the purposes of the provision of educational or youth services or activities contain such conditions as appear to be necessary or expedient to safeguard and protect the welfare of children and young persons.

Clause 47: Directions as to exercise of child protection duties by Board of Governors

This clause allows ESA to direct a Board of Governors of a grant-aided school in relation to the performance of any duty to safeguard and protect the welfare of children and young persons.

Clause 48: Duty of co-operation concerning welfare and protection of children and young persons

This clause provides that it is the duty of Boards of Governors of grant-aided schools, the providers of funded pre-school education and any other person on whom a duty has been imposed, to co-operate with ESA or any authority discharging functions under the Children Order in its duty to safeguard and protect the welfare of children and young persons.

Clause 49: Catholic maintained schools

This clause defines a Catholic maintained school. A Catholic maintained school is defined as a maintained school which is designated as such in a scheme made by the Department and after consultation with relevant church authorities.

Clause 50: Supplementary, incidental, consequential, transitional provisions etc.

This clause allows the Department to make such supplementary, incidental, consequential, transitory, transitional or saving provisions by order as it considers appropriate to give full effect to the legislation.

Clause 51: Regulations and orders

This technical clause provides that regulations under this legislation shall be subject to the negative resolution procedure, apart from commencements and supplementary, incidental, consequential and transitional provisions.

Clause 52: Interpretation

This clause contains definitions of terms used in the legislation.

Clause 53: Minor and consequential amendments and repeals and revocations

This clause applies Schedules 7 and 8, which contain minor and consequential amendments and repeals respectively.

Clause 54: Commencement

This clause contains provision for the commencement of the legislation.

Clause 55: Short title

This clause contains the short title of the legislation.

SCHEDULES

Schedule 1: The Education and Skills Authority

This Schedule contains provisions in relation to the status, membership, tenure of office of members, remuneration of allowances of members and employees and proceedings of ESA. The Schedule also makes provision in relation to finance, accounts and reporting and returns.

Schedule 2: Transfer to ESA of staff employed by Boards of Governors

This Schedule makes provision for the transfer to ESA of staff employed by Boards of Governors. Staff will be afforded protection of their terms and conditions of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Schedule 3: Transfer of assets, liabilities and staff of dissolved bodies

This Schedule makes provision for the transfer of assets, liabilities and staff of education and library boards; the Council for Catholic Maintained Schools; Northern Ireland Council for the Curriculum, Examinations and Assessment; the Staff Commission for Education and Library Boards; and the Youth Council for Northern Ireland. Staff will be afforded protection of their terms and conditions of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Schedule 4: Transfer of certain assets and liabilities of CCMS before appointed day

This Schedule makes provision for the transfer of any assets or liabilities from CCMS, before the commencement of the body of the legislation.

Schedule 5: Transfer of certain staff of the Department

This Schedule makes provision of staff from the Department to ESA. Staff will be afforded protection of their terms and conditions of employment under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Schedule 6: Schedule 1 A to the Education ( Northern Ireland) Order 1998, as inserted

This Schedule makes provision in relation to the investigation, hearing and determination of disciplinary cases by the General Teaching Council.

Schedule 7: Minor and consequential amendments

This Schedule makes provision for minor and consequential amendments.

Schedule 8: Repeals

This Schedule makes provision for various repeals of existing legislation.

FINANCIAL EFFECTS OF THE BILL

23. The Bill is likely to lead to an initial increase in public expenditure both prior to and following implementation. Thereafter, the measures are expected to result in net reductions in expenditure. Initial estimates are that the cost of implementation will be [£43 million], whilst net savings thereafter are estimated at [£19.8 million] per annum.

HUMAN RIGHTS ISSUES

24. The Bill is in compliance with the Convention Rights.

EQUALITY

25. The impact of the Bill on equality of opportunity has been considered, and was the subject of consultation with education stakeholders, the results of which have been taken into account in finalising the Bill. Equality of opportunity will continue to be assessed throughout the passage and implementation of the provisions of the Bill.

SUMMARY OF THE REGULATORY IMPACT ASSESSMENT

26. The effects of this Bill have been assessed and it is concluded that the provisions will not result in savings for or costs to businesses, charities, social economy exercises or voluntary bodies.

LEGISLATIVE COMPETENCE

27. The Minister of Education had made the following statement under section 9 of the Northern Ireland Act 1998:

“In my view the Education Bill would be within the legislative competence of the Northern Ireland Assembly.”

SECRETARY OF STATE’S CONSENT

28. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State’s consent:

"The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."