Agenda item

            The Committee considered the undernoted report:

 

“Purpose of Report

 

      To determine a response to correspondence received from the Minister for Education regarding the transitional governance arrangements for the education sector.

 

Background

 

      Correspondence has been received from the Minister for Education explaining that the Education Bill provides for the replacement of the five Education and Library Boards with a new Education and Skills Authority.  However, the legislation has not yet been passed by the Assembly and accordingly the commencement date of 1st January 2010 which had been agreed by the Executive for the establishment of the new body is not achievable and interim governance and management arrangements will have to be put in place.

 

      The Minister has decided to reduce the size of the Education and Library Boards and under the transitional arrangements the Council has been allocated four places on the Belfast Board.

 

      However, in order to comply with the Code of Practice of the Commissioner for Public Appointments, which states that at least two nominees should be sought for each vacancy, the Minister has invited the Council to put forward at least eight Councillors who would be willing to sit on the Board during the transitional period.  Each Councillor would be required to complete an application form detailing how he or she would meet the key requirements for appointment to the posts.  The application forms would be subject to eligibility sift followed by ‘conversations with a purpose’ with candidates to confirm and validate suitability.  The final decision on appointment would be made by the Minister with a view to achieving a balance in terms of diversity of skills and experience.  All appointments made would be for the transitional period prior to the establishment of the new Education and Skills Authority.

 

      The Minister is seeking a response from the Council by 16th December. 

 

Key Issues

 

      The Council currently has 14 representatives on the Belfast Education and Library Board.  These are:

 

      Sinn Féin

 

      Councillor Breige Brownlee

      Councillor Tierna Cunningham

      Councillor Tom Hartley

      Councillor Danny Lavery

 

      DUP

 

      Councillor Diane Dodds

      Councillor Nelson McCausland

      Councillor David Rodway

 

      UUP

 

      Councillor David Browne

      Councillor Jim Rodgers

      Councillor Bob Stoker

 

      SDLP

 

      Councillor Tim Attwood

      Councillor Patrick Convery

      Councillor Cathal Mullaghan

 

      All

 

      Councillor Máire Hendron

 

      These Party Group appointments were determined using the Council’s d’Hondt process immediately following the Local Government Elections in May, 2005 and were approved by the Council at its Annual meeting on 1st June, 2005 for the period to end on the date of the Local Government Elections, then anticipated to be held in May, 2009, though obviously, for a variety of reasons, the names of the Council’s representatives have changed from time to time.  The Committee, in January of this year, agreed that, as a consequence of the extension of the existing Council term, all appointments to outside Bodies should be extended to the date of the next Local Government Elections in May, 2011.

 

      The original d’Hondt process involved appointments being made to a wide range of organisations and involved more than 90 selections being made by the Group Leaders.  Obviously, choices are influenced by various factors and those organisations which are considered by the Party Group Leaders to be most important in terms of the life of the City are foremost in the order of selection.  Education obviously took high rank in the original process and membership of the Belfast Board is highly valued among the Members. 

 

      At its meeting on 19th August, 2005 the Committee agreed to continue the application of the original d’Hondt process for the filling of appointments which became necessary throughout the life of the Council and this has been applied successfully.  However, the current proposal is to reduce the existing 14 representatives of the Council to 4, and there would appear to be two options.

 

      Firstly, to determine the Council’s representatives using a one-off selection process based on d’Hondt.  The current strength of the Party Groupings would result in the undernoted choice sequence:

 

      SF             choices   1, 5 and 7

      DUP          choices   2, 6 and 8

      UUP          choice     3

      SDLP        choice     4

 

      It is important to note that the first four choices fall to the largest Party Groupings and if the Council were being asked to nominate only sufficient Members to fill the number of places which the legislation stipulates must be allocated to the Local Authority then the representatives of those Groupings would be the Council’s nominees.

 

      Secondly, to take the view that the Council has already nominated its representatives on the Belfast Education and Library Board using the d’Hondt process and if the Minister wishes to reduce this figure from 14 to 4 then she should make her selections from that pool of Councillors.  In putting this forward as an option, though, the Minister should be reminded that, in the interests of fairness, equality and justice, the 4 places on the new Body should be filled by representatives of the 4 largest Party Groupings on the Council.

 

      It should be noted that, because of the deadlines set by the Minister, any decision made by the Committee would have to be conveyed to her prior to ratification by the Council and it will also be necessary for the Party Groupings to name their representatives at this stage.

 

Recommendation

 

      To consider the options put forward and to take such action thereon as may be determined.

 

Officers to contact:   Mr. Liam Steele,

    Head of Committee and Members’ Services

 

Decision Tracking

 

      The Committee’s decision will be conveyed to the Minister prior to the deadline date of 16th December.”

 

Proposal

 

Moved by Councillor Rodway,

Seconded by Councillor Campbell,

 

      That the Committee agrees, in light of the extremely short timeframe imposed by the Minister and her apparent disregard for Local Government processes, to defer consideration of the question of the nomination of Members to the transitional Belfast Education and Library Board.

 

Amendment

 

Moved by Councillor Rodgers,

Seconded by Councillor Lavery,

 

      That the Committee agrees to nominate only four Members to the Belfast Education and Library Board and that, based on the use of a one-off d’Hondt selection process, these comprise one Member from each of the four main Party Groupings on the Council, that is, the Sinn Fein, the Democratic Unionist, the Ulster Unionist and the SDLP Party Groupings.

 

            On a vote by show of hands ten Members voted for the amendment and three against and it was accordingly declared carried.

 

            The amendment was thereupon put as the substantive motion, when ten Members voted for and four against and it was accordingly declared carried.

 

            The Committee noted that the Head of Committee and Members’ Services would contact each of the four Party Group Leaders in order to determine the names of their nominees to the Board so that these could be conveyed to the Minister before the deadline set of 16th December.