VEC Legislation Acts

COISTE GHAIRMOIDEACHAIS CHO. LAOISE

COUNTY LAOIS VOCATIONAL EDUCATION COMMITTEE

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Legislation

Over the past seven years and particularly in the last three, a number of new Acts have had a significant impact on VECs, both in terms of the services they provide and on their ways of working. The key Acts and their implications for County Laois VEC, are listed below.

The Vocational Education (Amendment) Act (2001)

The Refugee Act (1996)

The Organisation of Working Time Act (1997)

The Education Act (1998)

The Qualifications, Education and Training Act (1999)

The Employment Equality Act (1999)

The Education Welfare Act (2000)

The Equal Status Act (2000)

The White Paper on Adult Education (2000)

The Protection of Employees (Part-time Work) Act (2001)

The Children’s Act (2001)

The Teaching Council Act (2001)

The Youth Work Act (2001)

The Official Languages Act - Acht na dTeangacha Oifigiúla (2003)

Education for Persons with Disabilities Bill (2003)

The Protection of Employees (Fixed Term Work) Act 2003.

Education for Persons with Special Education Needs (2004)

The Safety, Health and Welfare at Work Act (2005)

The Vocational Education Amendment Act (2001)
The Act reforms and updates the Vocational Education Act 1930 and its various amendments. The Act deals with many alterations to the original 1930 Act in relation to the composition of VECs, organisation of sub-committees, regulation of financial matters and the production of education and service plans along with an annual report. The principal change relates to the introduction of a Reserved and Executive Model of Governance. The model set out in the Act is used extensively elsewhere in Local Authorities and Health Boards. The Reserved and Executive Model is predicated on the identification and separation of the policy and executive functions of the organisations concerned. The policy functions are placed with the governing body of the VEC, the Committee, and the executive functions are vested in the CEO. The CEO is responsible for the administration of the organisation in accordance with the policy parameters adopted by the Committee.

The Refugee Act (1996)
This Act represents the first legislative instrument regarding refugees and asylum seekers in Ireland. Implementation commenced in late 2000. The Act provides a framework and legal procedure for processing and determining asylum applications. It also provides for the rights of asylum seekers and refugees and other related categories of persons. Since 1996, other relevant legislation has also been enacted eg, the Immigration Act (1999).

The Organisation of Working Time Act (1997)
The Act sets out the statutory rights for employees in respect of rest, maximum working time, holidays and public holidays. Part-time employees are also included in the Act.

The Education Act (1998)
The key relevant provision of the Act is the recognition of schools and the establishment of boards of management in all schools in receipt of public funding. The objective is to ensure that parents, teachers and patrons have the legal right to be involved in the management of their schools. The Act also sets out the functions of school Principals and teachers and makes provision for procedures for appeals and grievances. Key implications for schools include: the need for record keeping and student access to records, greater efficiency and effectiveness, the development of an admissions policy and maximum access, and a school plan. The Act is also linked to the Equality legislation of 2000 focusing on equality of access and disability and presents the concept of designated “centres for education” linked to the Education Welfare Act 2000.

The Qualifications, Education and Training Act (1999)
The key relevant provisions of the Act are to establish an administrative structure for the development, recognition and award of education/training qualifications in the State. The Act established the National Qualifications Authority of Ireland (NQAI), the agency responsible for developing a national framework of qualifications. It also established the Further Education and Training Awards Council (FETAC) and the Higher Education and Training Awards Council (HETAC). Each Council is the awarding body for its sector and has responsibility for accreditation within the national framework. The national framework of qualifications was launched in October 2003.

The Employment Equality Act (1999)
This Act replaces the Anti-Discrimination (Pay) Act (1974) and the Employment Equality Act (1977). While retaining the protection afforded employees embedded in both of the above acts, this new Employment Equality Act increases the number of groups covered by antidiscrimination law and includes important changes in relation to dealing with complaints.

The Education Welfare Act (2000)
The Act provides a statutory framework to ensure that every child in the State is in receipt of a minimum standard of education. It also repeals the School Attendance Acts of 1926-1967 and provides for the amendment of the Protection of Young Persons (Employment) Act 1996. It provides for the establishment of the National Education Welfare Board and Education Welfare Officers, and for places and centres of education other than recognised schools. The Act also provides for school attendance records, notices and offences; school strategies regarding attendance and a positive learning environment; and a written and disseminated code of behaviour and appeals procedures.

The Equal Status Act (2000)
This Act is linked to the Employment Equality Act (1998) and the Refugee Act (1996). The former established the Equality Authority. The Equal Status Act further extended the powers of the Authority to equality and anti-discrimination on nine grounds: gender, marital status, family status, age, disability, race, sexual orientation, religion and membership of the Travelling community. It also provides for employer responsibility regarding harassment.

The White Paper on Adult Education (2000)
Adult education has grown significantly over the last two decades. The publication of the Green Paper Adult Education in an Era of Lifelong Learning (1998), which was followed by the White Paper on Adult Education Learning for Life (2000), clarified the role and context of adult education in Ireland. Adult Education is now defined as systematic learning undertaken by adults who are returning to education.
Not all recommendations in the White Paper have acquired legislative status. However, some aspects have been implemented and there has been an increase in funding in many areas.

The Protection of Employees (Part-time Work) Act (2001)
This Act emanates from EU Directives and dovetails with or repeals a plethora of other Acts including Worker Protection (Regular part-time employees) (1991), Organisation of Working Time Act (1997), Unfair Dismissals Acts (1977-93), Redundancy Payments Acts (1967-90) and others. It provides for the protection and rights of employees engaged on a part-time and/or casual basis with the key premise being that they should not be treated less favourably than full-time employees.

The Children’s Act (2001)
This Act extends the Childcare Act (1991) including the Child Care (Preschool Services) Regulations, 1996. The key provisions of relevance are that the Act provides for “out-of control” but non-offending children with a distinction between children in need of care and those who offend. It provides for integration of services and partnerships and Family Welfare Conferences. The Act also affects how services are provided for children aged 3 months to 6 years eg, crèches, pre-schools.

The Teaching Council Act (2001)
The purpose of the Act is to establish a Teaching Council which will help improve the professional status of teachers. The Act aims to promote teaching as a profession as well as promoting the professional development of teachers.

The Youth Work Act (2001)
The purpose of the Act is to provide a statutory framework for the provision of youth work programmes and services by the Minister, VECs and by the National and Regional Youth Organisations. The key relevant features of the Act are to define the functions of VECs regarding youth work, particularly the procedures, planning and prioritising of funds and the reporting on the provision of youth work programmes and services; to establish a special Youth Work Committee in each VEC area; to provide for the structure of the National Youth Work Advisory Committee; to formalise the allocation of grants for youth work; and to establish Voluntary Youth Councils to represent the needs and demands of the voluntary sector at local level.

The Official Languages Act - Acht na dTeangacha Oifigiúla (2003)
This Act is the first piece of legislation to provide a statutory framework for the delivery of services through the Irish language. The primary objective of the Act is to ensure better availability and a higher standard of public services through Irish. This will be achieved by placing a statutory obligation on government departments and public bodies to make specific provision for the delivery of such services. Examples of this are a requirement for correspondence to be replied to in the language in which it was written, providing information to the public in the Irish language (or in Irish and English), the publication of bilingual documents and the use of Irish in the courts.

Education for Persons with Disabilities Bill (2003)
The purpose of this Bill is to make further provision for the education of people with disabilities so that they have the same rights as their peers who do not have disabilities. The Bill seeks to assist children with disabilities to leave school with the skills necessary to participate, to the level of their capacity, in an inclusive way in society and to live independent and fulfilled lives. The Bill is intended to provide for a number of procedures: consultation with parents of children with disabilities in relation to the education of those children; establishment of a body to be known as the National Council for Special Education; conferring of certain functions on Health Boards in relation to the education of people with disabilities; enabling of certain decisions to be made in relation to their education and the establishment of an Appeals Board.

The Protection of Employees (Fixed-term Work) Act (2003)
The purpose of the Act, which emanates from EU Directives, is to improve the quality of fixed term work by ensuring the application of the principle of non-discrimination and to prevent abuse arising from the use of successive fixed-term contracts.

Education for Persons with Special Education Needs (2004)
The Act sets out to make further provision for the education of people with special educational needs. The Act aims to ensure that education takes place, as far as possible, in an inclusive environment and that those with special education needs have the same right as everyone else to avail themselves of, and benefit from, appropriate education.

The Safety, Health and Welfare at Work Act (2005)
The Act, which represents a modernisation of our occupational health and safety laws, was implemented with the aim of achieving further improvements in the national record on safety and health in the foreseeable future. Its primary focus is on the prevention of workplace accidents, illnesses and dangerous occurrences and it provides deterrents in the form of significantly increased fines and penalties aimed at the minority who continue to flout safety and health laws.

County Laois Vocational Education Committee: Ridge Road, Portlaoise, Co. Laois.

Telephone: (057) 86 21352 Fax: (057) 86 21877 Email: headoffice@laoisvec.ie Powered by: go2web