Educational Welfare

Transfer to Education Minister

The purpose of Child and Family Agency (Amendment) Act 2021 is to amend the Child and Family Agency Act 2013 in order to provide the Minister for Education with appropriate governance and oversight of the education welfare functions performed by the Child and Family Agency in light of the above-mentioned transfer of responsibility for those functions from the Minister for Children, Equality, Disability, Integration and Youth to the Minister for Education.

From 2021 onward, the funding for the education welfare functions performed by the Child and Family Agency is to be provided by the Minister for Education. The Act provides that the Minister for Education will, in respect of a financial year of the Agency, determine the maximum amount of net expenditure that may be incurred by the Agency in respect of its education welfare functions for that financial year and that the Minister for Children, Equality, Disability, Integration and Youth will retain responsibility for funding all other functions of the Agency and that the two funding streams to the Agency are not interchangeable.

Board

The Minister for Education will nominate a person to be a member of the Board who, in that Minister’s opinion, has experience of and expertise in, matters connected to the education welfare functions of the Agency. This section further provides that the Minister will appoint the nominee of the Minister for Education no later than 24 September 2023.

The Act provides that should a casual vacancy arise in respect of the board member with education welfare experience the Minister for Education will nominate a person who has experience of, and expertise in, matters connected to the education welfare functions of the Agency for appointment by the Minister.

The Board of the Agency is accountable to the Minister for Education in respect of the performance of its education welfare functions. It places a requirement on the Board of the Agency to inform the Minister for Education of any delegation or revocation which relates to the education welfare function of the Agency. It further provides for the Minister for Education to issue directions to the Board in relation to delegation of education welfare function to the chief executive and it also requires the Agency to bring any matter to the attention of the Minister for Education that it considers requires that Ministers attention.

Agency Functions

There is a requirement on the chief executive to provide the Minister for Education with information that he or she may require relating to the performance of his or her education welfare functions and the implementation of that Minister’s policies and priorities with regard to those functions.

The Performance Framework shall include such policy guidance, direction and prioritisation parameters for the preparation of the corporate plan of the Agency as the Minister for Education, in respect of his or her education welfare functions, shall provide to the Minister within the timeframe specified.

The corporate plan of the Agency will accord with the policies and objectives of the Minister, the Minister for Education and the Government as they relate to the functions of the Agency. The corporate plan will be submitted to the Minister for Education at the same time that it is submitted to the Minister.

Minister Relationship with Agency I

The Minister for Education may request the Agency to undertake or commission research into matters in respect of his or her education welfare functions. The Agency may give information or advice, or make proposals, to the Minister for Education, in respect of the education welfare functions of the Agency.

The annual report of the Child and Family Agency shall include any other particulars that the Minister for Education may require. The Agency will submit a copy of the annual report to the Minister for Education at the same time that it submits a copy to the Minister.

There is an obligation on the Agency to furnish the Minister for Education with information that that Minister is likely to consider significant for the performance of his or her functions under the Principal Act or otherwise. The Agency must provide information regarding any other occurrence or development that falls within a class of occurrences or developments that has been specified in writing by the Minister for Education, having regard to his or her functions under the Principal Act or otherwise.

Minister Relationship with Agency II

The Agency shall, when required by the Minister for Education, submit a report on matters connected with the education welfare functions of the Agency and specified by the Minister for Education. The Minister for Education may require the Agency to furnish certain information and documents where he or she considers it necessary in the public interest to do so for the performance of his or her functions under the Principal Act or otherwise. The Agency is required to provide the information within any period specified by the Minister and in any event without delay.

The Minister may share certain information or documents received pursuant to the below provisions  in the context of an examination or any inquiry. Furthermore, within the timeframe specified, the Minister for Education may, in so far as the corporate plan relates to the education welfare functions of the Agency, issue directions regarding amendments to the proposed plan. Any amendments to an approved corporate plan, by the Minister or the Agency, and that relate to education welfare functions are to be made with the consent of the Minister for Education.

Minister Relationship with Agency III

The  Minister for Education shall, in respect of the education welfare functions of the Agency, develop an annual Performance Statement. This Performance Statement will provide the Agency with specific policy guidance, direction, prioritisation and resource parameters in respect of each year for the preparation of its annual business plan.

The Minister for Education will, in respect of a financial year of the Agency, determine the maximum amount of net expenditure that may be incurred by the Agency in respect of its education welfare functions for that financial year, and notify the Agency of the determination of net expenditure in the context of the Performance Statement.

Within the timeframe specified, the Agency will submit a business plan to the Minister for Education, prepared in accordance with the Performance Statement developed by that Minister. The business plan must contain any other information specified by the Minister for Education in respect of the education welfare functions of the Agency, and accord with the policies and objectives of that Minister as they relate to the functions of the Agency. The Minister for Education may, in certain specified circumstances, direct the Agency to amend the business plan.

The Minister for Education, may, in respect of the education welfare functions of the Agency, give an additional direction in writing to the Agency. The Agency will be required to comply with such a direction and the chairperson shall inform the Minster for Education of the measures taken by the Agency to comply with such a direction.

The Minister for Education may at any time issue additional guidelines in writing to the Agency in respect of the education welfare functions of the Agency. There is an obligation on the Agency, if required to do so by the Minister for Education, to furnish him or her with information in respect of the education welfare functions of the Agency as that Minister may require in respect of any balance sheet, account or report of the Agency.

The Minister for Education, in respect of the education welfare functions of the Agency, may, with the consent of the Minister for Public Expenditure and Reform, advance sums to the Agency, on terms and conditions as that Minister thinks fit, for the purposes of expenditure by the Agency in the performance of its functions.

Role of Agency

A direction issued by the Minister for Education is one of the matters to which the Agency must have regard before entering into an arrangement with a not for profit service provider. The Minister for Education may make regulations in respect of arrangements between the Agency and education welfare service providers.

The Agency may give assistance to a person that provides, or proposes to provide, a not for profit service which is supplemental to services provided by the Agency subject to any directions given by Minister for Education.

The Agency will submit, as part of its annual report, a general report to the Minister and the Minister for Education on the performance of its functions under the Principal Act (Complaints) and that it will contain such information as the Agency considers appropriate, or as the Minister, or Minister for Education may specify.

If the Agency adopts a report which relates to the education welfare functions of the Agency, it shall submit a copy of that report to the Minister for Education. Where the Agency is performing its functions relating to education welfare, the Agency may, with the consent of the Minister and the Minister for Education, make regulations specifying such charges as it considers necessary and appropriate.