Committee Reports::Report - Annual Report of the Joint Committee on Education and Science 1999::01 January, 2000::Orders of Reference

Joint Committee on Education and Science

ORDERS OF REFERENCE

Dáil Éireann

13th November, 1997, (** 28th April, 1998),


Ordered:


(1)(a) That a Select Committee, which shall be called the Select Committee on Education and Science, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such—


(i)Bills the statute law in respect of which is dealt with by the Department of Education and Science, and


(ii)Estimates for Public Services within the aegis of that Department, as shall be referred to it by Dáil Éireann from time to time.


(b)For the purpose of its consideration of Bills under paragraph (1) (a) (i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).


(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for Education and Science (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.


(2)(a) The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Education and Science to consider—


(i)such public affairs administered by the Department of Education and Science as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,


**(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2 (a) (i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.


(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.


Seanad Éireann

19th November, 1997, (** 30th April, 1998),


Ordered:

(1)(a) That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Education and Science to consider—


(i)such public affairs administered by the Department of Education and science as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,


(iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 1 (a) (i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas, and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 62A*(1) to (9) inclusive.


(2)The Chairman of the Joint Committee shall be a member of Dáil Éireann


Powers of Committee (Dáil) — New Standing Order 78A.

That the following be adopted as an additional Standing Order of Dáil Éireann relative to public Business:


“78A. Without prejudice to the generality of Standing Order 78, the Dáil may confer any or all of the following powers on a Select Committee:


(1)power to take oral and written evidence and to print and publish from time to time minutes of such evidence taken in public before the Select Committee together with such related documents as the Select Committee thinks fit;


(2)power to invite and accept written submissions from interested persons or bodies;


(3)power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil;


(4)power to draft recommendations for legislative change and for new legislation;


(5)power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss policy for which he or she is officially responsible: provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy;


(6)power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible: provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such proposed legislation;


(7)subject to any constraints otherwise prescribed by law, power to require that principal office holders in bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the Oireachtas shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: provided that such an office holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil;


(8)power to engage, subject to the consent of the Minister for Finance, the services of persons with specialist or technical knowledge, to assist it or any of its sub-Committees in considering particular matters; and


(9)power to undertake travel, subject to—


(a)such rules as may be determined by the sub-Committee on Dáil Reform from time to time under Standing Order 91(3) (b);


(b)such recommendations as may be made by the Working Group of Committee Chairmen under Standing Order 92(2) (a); and


(c)the consent of the Minister for Finance, and normal accounting procedures.”.


Powers of the Select Committee (Seanad) - Standing Order 65(1) to (9)

“62A. Without prejudice to the generality of Standing Order 64, the Seanad may confer any or all of the following powers on a Select Committee:


(1)power to take oral and written evidence and to print and publish from time to time minutes of such evidence taken in public before the Select Committee together with such related documents as the Select Committee thinks fit;


(2)power to invite and accept written submissions from interested persons or bodies;


(3)power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Seanad;


(4)power to draft recommendations for legislative change and for new legislation;


(5)power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss policy for which he or she is officially responsible: provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Seanad: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy;


(6)power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible: provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Seanad: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such proposed legislation;


(7)subject to any constraints otherwise prescribed by law, power to require that principal office holders in bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the Oireachtas shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: provided that such an office holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Seanad;


(8)power to engage, subject to the consent of the Minister for Finance, the services of persons with specialist or technical knowledge, to assist it or any of its sub-Committees in considering particular matters; and


(9)power to undertake travel, subject to—


(a)such rules as may be determined by the Committee on Procedure and Privileges from time to time under Standing Order 84 (1) (e);


(b)such recommendations as may be made by the Working Group of Committee Chairmen under Standing Order 89; and


(c)the consent of the Minister for Finance, and normal accounting procedures.”


JOINT COMMITTEE ON EDUCATION AND SCIENCE

List of Members


Deputies:

Richard Bruton (FG)

 

Pat Carey (FF)

 

John Ellis (FF)

 

John V. Farrelly (FG) (Vice Chairman)

 

Mary Hanafin (FF) (Whip)

 

Brian Hayes (FG)

 

Michael D. Higgins (Lab) (Whip)

 

Cecilia Keaveney (FF)

 

Michael P. Kitt (FF) (Chairman)

 

Paul McGrath (FG)

 

John Moloney (FF)

 

Denis Naughten (FG)

 

Trevor Sargent (GP)

 

Eddie Wade (FF)

Senators:

Fintan Coogan (FG)

 

Labhrás Ó Murchú (FF)

 

Joe O’Toole (Ind)

 

Ann Ormonde (FF)

 

Máirín Quill (PD)

* subsequently renumbered as Standing Order 65