Committee Reports > List of Committees > Seanad > 1966 > Select Committee on Statutory Instruments > Report No. 02 - Statutory Instruments

APPENDIX VI.

Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939 (Amendment) Regulations, 1965 [S.I. No. 39 of 1965].

An Rúnaí,

An Roinn Oideachais.

I am directed by the Select Committee on Statutory Instruments to state that it has been considering the Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939 (Amendment) Regulations, 1965 [S.I. No. 39 of 1965].

The Committee notes that the Regulations empower the Minister to make to certain schools “a grant, of such amount as the Minister thinks fit, towards the cost of providing improved accommodation” and provide that such a grant “shall be paid in such manner as the Minister thinks fit”. The Regulations, therefore, in effect provide for the determination administratively of all provisions relating to grants which the parent statute speaks of as being made “in accordance with regulations made by the Minister”. The Committee has to consider whether the Regulations constitute a sub-delegation not contemplated by the parent statute and to assist it in its deliberations it would welcome an explanatory memorandum from your Department. In particular the Committee would like to know what practical considerations arise in the case of these particular grants which necessitate the Regulations being drafted in such wide terms.

Cléireach an Roghchoiste.

14 Deireadh Fómhair, 1965.

Cléireach an Roghchoiste,

Seanad Éireann.

I am directed by the Minister for Education to refer to your minute of 14th October, 1965 regarding the Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939 (Amendment) Regulations, 1965, and to send you as requested a Memorandum explaining the reasons for the drafting of the Regulations in the terms to which your minute refers.

PÁDRAIC BREATHNACH.

25 Deireadh Fómhair, 1965.

Memorandum

Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939 (Amendment) Regulations, 1965.

1. The “Principal Regulations”—the Vocational Education Act, 1930 (Grants under Section 109) Regulations, 1939 (S.R. and O. No. 386/39)—deal with the making of grants by the Minister for Education to certain schools not conducted by vocational education committees.

2. The Principal Regulations provide for two kinds of grant (a) “attendance grant” payable to a recognised school “providing instruction in approved subjects of continuation or technical education” and (b) “maintenance grant” payable to a school “conducted in conjunction with works, business houses or occupations with a view to the improvement of industry and commerce”. The Irish Nautical College is the only school receiving a “maintenance grant”.

3. Under the Principal Regulations, the cost of maintenance of a school (on which the “maintenance grant” is based) may not include “any charge for the purchase of premises or equipment, or for the repayment of money borrowed for capital purposes”. The Committee of Management of the Irish Nautical College has satisfied the Minister that an extension to the school premises is necessary, and that it has no resources from which the cost of the extension can be met. The Minister for Education has secured the consent of the Minister for Finance to the inclusion in the College’s grant for the current financial year of the full estimated cost of the extension, and to the necessary amendment of the Principal Regulations to enable expenditure on the improvement of premises to be reckoned for grant purposes. It is these Amending Regulations which are the subject of consideration by the Select Committee on Statutory Instruments as to the provisions in them for determining administratively the amount of the grant and the manner of payment.

4. Although the Minister’s intention is to provide, by way of grant, the entire cost of the extension to the College up to the amount of the estimate which he has been given, he sees two reasons for reserving to himself discretion as to the actual grant to be made in that respect:

(1) He would wish that State funds should not be charged with any cost incurred in the project beyond that shown to be necessary for the educational purposes of the College, e.g. that accommodation, finishes, fittings, etc., should not be extravagant and that fees and other charges should not be incurred beyond what is normal and necessary. To this end he has required the submission to him of plans and specification for the works and has had the Regulation framed so that he is not bound to pay a grant of the amount of the full cost.

(2) The Committee of Management of the College is not bound by the normal rules applicable to public authorities generally in the matter of the placing of contracts. If the Committee decided to carry out the extension otherwise than by accepting the lowest competitive tender obtained by advertisement, for example, the Minister would wish to have discretionary power to pay a lesser sum than the full cost of the works.

5. The Minister would normally envisage the payment of the grant in respect of the extension in one sum after completion of the work, but he considers it desirable that he should be empowered, if necessary, to pay in instalments as the work proceeds.