The Ulster Teachers’ Union serves almost 7000 teachers in N.I.  We welcome the opportunity to respond to:
 Paper 20 –RPA –Publicly Owned Schools ---Ownership & Representation

We found this document difficult to follow and therefore difficult to formulate a response to it.  We acknowledge that there is a risk of a perceived conflict of interest, stemming from the ESA’s role in planning the whole of the schools’ estate, while owning the block of publicly owned schools.

The UTU believes it is essential to have an independent voice to champion the voice of the controlled schools sector. The Transferor Representative Council should hold a prominent position within this group.

Within this body there could be a smaller ownership group, which would include representation appointed by ESA and or DE in order to ensure that structures were in place for adequate security and accountability.  As stated in paragraph 26 DE should have the right to appoint members of the ownership organisation in accordance with OCPANI principles. While paragraph 16 states that as a voluntary body it would not be appropriate for this organisation to own these schools, why then would it be appropriate for Boards of Governors to become the legal owners as suggested in paragraph 20? We feel there is little difference as Boards of Governors are voluntary bodies already in place.

UTU notes that it states in paragraph 18 that the new legal owner of controlled schools would be a technical owner and implies that this would be a limited role.  However, if it is only a technical role why so much concern about perceived conflicts of interest in relation to funding and planning issues (paragraph 22), safeguards for educational resources and robust financial and accountability arrangements (paragraph 23).  As it states in paragraph 25 ownership is more complex than holding title deeds.

Ownership should not pass wholly to Boards of Governors.  Boards of Governors do not have the capacity to undertake this role particularly when you consider the concerns raised in paragraph 25 and the issue of insurance in paragraph 33.  They are volunteers and are reconstituted every four years.  Boards of Governors should not be burdened with such a responsibility given that there is a wide variation of skills and expertise on these voluntary bodies. The ownership group should, however, have within their operating structure a means whereby the concerns and aspirations of specific Board of Governors can be expressed.

VAT exemption is important. If VAT exemption cannot be gained for a second public body then ownership should remain with ESA.  Otherwise public money will be drained from the education sector unnecessarily.  If this is the case then the Transferors Representative Council should have a statutory right for their views to be taken into account.  If a public body is set up with VAT exemption then the sectoral body set up to champion the controlled sector cause must have substantial representation on the body.