Minutes of the 47 th meeting of the General Teaching Council for Northern Ireland Royal Belfast Academical Institution 27 th May 2014 Present: Mr Ivan Arbuthnot, Mrs Teresa Graham, Mr Graham Agnew, Mrs Rosemary Barton, Mr David Canning, Mr Brian Carlin, Mr John Colgan, Mrs Sheila Crea, Mr Colm Davis, Mr John Devlin, Mrs Frances Donnelly, Mrs Sandra E Douglas, Mrs Gillian Dunlop, Ms Ciara McCay, Mr Terry Murphy, Ms Daisy Mules, Mr John Pollock, Miss Rosemary Rainey, Mr Ian Simons. In attendance: Dr Carmel Gallagher (Registrar), Mr Gerry Devlin (Senior Education Officer), Ms Judy Campbell (Acting Planning and Corporate Services Manager), Mr Ned Cohen (Further Education Officer), Mr Ken Muir (Chief Executive, GTCS), Ms Irene Hunter, (Director of Governance, GTCS), Ms Lesley Dickson (PA to Registrar), Miss Sarah Hawthorne (Admin Assistant). Apologies: Mrs Sharon Beattie, Dr Jennifer Cornyn, Ms Audrey Curry, Mr Bryan Jess, Mr Sean Lambe, Mr Barry Mulholland, Mrs Gillian Scott, Mrs Sally McKee. 1. Welcome and introduction The Chair welcomed members to the Council meeting, including Mr Ken Muir, Chief Executive and Ms Irene Hunter, Director of Governance from GTC Scotland (GTCS). Apologies were noted. 2. Declaration of Interests There were no declarations of interest. 3. Minutes of the last Council meeting (GTC/14/Min 46) The minutes of the meeting were approved by members as a correct record. Amendments were noted. 4. Matters Arising There were no matters arising. 5. Chair s Business None. 1
6. Minutes of the Audit and Risk Committee meeting of 9 th May 2014 and revised TOR The Acting Planning and Corporate Services Manager presented the minutes of the ARM Committee held 9 th May. She highlighted to members the proposed changes to the Committee s terms of reference, including a proposed change of name from the Audit and Risk Management Committee to the Audit and Risk Assurance Committee and the proposal to hold at least four formal meetings per year. Members noted and approved the proposed changes to the Committee s name and Terms of Reference which were proposed by J Devlin and seconded by D Canning. 7. Minutes of the Registration and Regulation Committee held on 8 th May 2014 and revised TOR Mr Pollock presented the minutes of the R&RC. Mr Colgan enquired about the numbers of FE lecturers who would seek registration and the practice in other jurisdictions. The Further Education Officer advised that registration would be phased in over a number of years, beginning with the registration of c. 3,500 full-time and associate lecturers (0.75 contract) in the first instance, followed by part-time lecturers thereafter. He indicated that Wales intended to move towards the registration of the full education workforce but that in the Republic of Ireland there was no requirement currently. He invited Ken Muir to provide an update on the situation in Scotland, The Chief Executive of GTCS advised that a recent rationalisation exercise had led to the reduction in the number of FE Colleges from 41 to 13. He indicated that currently only about 10% of FE lecturers (700 out of 7,000) who registered voluntarily with GTCS tended to be former secondary school teachers who now taught in FE. He said there was not an appetite in Scotland to make FE registration statutory but that that GTCS had now employed an FE officer following on from the Sir Ian Woods Report which had advised that there should be a single quality assurance framework and terms and conditions for FE lecturers. Encouraging FE registration would therefore be an active focus for GTCS over the next five years. Members noted and approved the proposed changes to the Committee s Terms of Reference, which were proposed by S Douglas and seconded by C Davis. 8. Minutes of the General Purposes and Finance Committee held on 14 th May 2014 and revised TOR Mr Agnew presented the minutes of GP&F Committee. He referred to the resolution of matters relating to Corporation Tax and that the Committee had recommended that discussion of future funding should be brought forward to the Council. Ms Donnelly indicated that it had been advised that the Terms of Reference of GP&F should include a remit for oversight of Staffing and Staff Welfare. She sought an update and 2
reassurances on how long-term sickness matters were being handled from a staff welfare perspective. The Registrar re-assured members regarding the phased in return to work of staff members who had been on long-term sickness and advised that both had been facilitated either with a generous phased return arrangement including special arrangements or with part-time working arrangements going forward. She also reported that there would be a staff day at the end of June which would focus on staff policies and welfare, with an input from CareCall. Members noted and approved the proposed changes to the Committee s Terms of Reference, which were proposed by C Davis and seconded by T Murphy. 9. Policy and Professional Education Committee and revised ToR The Registrar explained that the PPEC meeting had been postponed due to insufficient business as a consequence of the delay in the staff restructuring business case being approved and highlighted that there were no revisions to the proposed Committee Terms of Reference other than that the number of meetings per year should be three. Members noted and approved the proposed changes to the Committee s Terms of Reference, which were proposed by R Rainey and seconded by R Barton. 10. Registrar s Update (GTC/14/47/01) The Registrar presented her report. She highlighted that the agenda would cover Governance and Financial Reporting including the Annual Report and Accounts. She highlighted the resolution of Corporation Tax issues, the satisfactory assurance outcomes on all internal audits and the anticipated forthcoming review of delegated limits, pending the satisfactory submission to DE of a number of end of project evaluations. The Registrar updated members on staffing matters including attendance, which she assured members is being rigorously monitored. She confirmed that a staff development day would be held at the end of June focusing on staff policies and welfare. The Registrar updated members on progress on the staff re-structure following the recent GAR meeting, where the matter had been raised in a one-to-one meeting with the Permanent Secretary. She confirmed that acting up arrangements would remain in place until the staff re-structure was complete. The Registrar advised members on policy advice on assessment, developed in partnership with the Teachers Unions and that, following discussion at the last Council meeting, the findings of the GTCNI survey on inspection had been presented to the Assembly Education Committee. She advised that the Committee Inquiry report was due for publication in June.The Registrar also updated members on GTCNI Stakeholder Engagement activity since the last meeting and noted the publication of the BERA/RSA Inquiry report on Research and the Teaching Profession and highlighted the successful local BERA/RSA event hosted by GTCNI at Stranmillis College on 6th March which was attended by c.50 key stakeholders. 3
The Registrar highlighted the work which had taken place in the Registration and Regulation area including the Annual School List project and the range of statistical reports prepared for DE and other stakeholders. She informed members that the FE working Group had met on 3 occasions, the Legislation and Regulation working group has met on 2 occasions and that the SEO, FE Development Officer and Registration Manager had visited Wales to investigate developments in the GTCW database and to observe a Fitness to Teach hearing. Mr Davis complimented the work of the Council in responding to the Assembly Inquiry into ETI highlighting the importance of GTCNI reflecting the views of the teaching profession. He said that the Council s work in this regard had been taken very seriously by the Assembly Education Committee and had raised the profile of the Council. He asked the CEO of GTCS if similar work was undertaken by the Scottish Council and the extent to which GTCS engaged in marketing. The Chief Executive of GTCS informed members that, as an independent organisation, GTCS engaged actively with key stakeholders in responding to a range of consultations and was regarded as having a high profile within the Scottish system. For example, GTCS had recently been invited to Chair an independent inquiry into the implementation of the examination and qualifications phase of Curriculum for Excellence. He said that the Council marketed itself strongly as the guardian of standards and the public interest and that this played well with Ministers and the public. He also referred to a recent case which cost the Council c 250K to defend in the Court of Sessions. Members discussed how to raise the profile of the council using marketing and communications. Mr Colgan paid tribute to the stakeholder engagement work of the Council but asked how the Council is perceived by ordinary teachers. The Senior Education Officer indicated that direct engagement with teachers tends to be through registration inquiries. The GTCS Director of Governance highlighted that engagement with teachers was also a challenge in Scotland. She referred to a consultation currently being undertaken by the General Dental Council, which was being viewed as an important way to understand the views of registrants and was specifically highlighting how the registration fee was used and suggested that we could all learn a lot from this approach. Mrs Crea likened the work of GTCs to that of parents who tend to be only appreciated when they have been taken away. Mr Devlin agreed with this point and said that, due to the busy nature of schools, the work of GTCs were not a hot topic of conversation in staffrooms but may become so when regulation goes live. He advised that it was important for GTCNI to chip away at issues that are important to teachers such as those which the Council had surveyed this year. Ms Mules referred to the 5 Important Things leaflet sent out last year and advised that a similar exercise should be undertaken this year. Mr Murphy advised that personalised contact could be made electronically through teachers individual e-mail addresses. Mr Simons advised that good communication would be required in relation to regulation, with GTCNI communicating before, during and after its introduction so that teachers would understand what their fee is used for. 4
Members noted the report for information. 11. ARM Committee Annual Assurance Report (GTC/14/47/02) The Acting Planning and Corporate Services Manager took members through the report on behalf of Teresa Graham. She advised that the report summarised the Committee s work during the year including the internal and external audit activities undertaken; the implementation of audit recommendations; a review of risk management; and a review of the Committee s own effectiveness. She informed members that section 4.11.5 of the Council s Management Statement and Financial Memorandum (MSFM) states that a copy of the Annual Report should be sent to the Department and that the report was formally reviewed and recommended to go forward to Council for final approval by the ARM Committee at its meeting on 9 th May. Members approved the ARM Committee 2013-2014 annual report and submission of same to DE in accordance with MSFM requirements. Miss Rainey paid tribute to the independent member of the Committee, Mr Trevor Salmon, for his contribution and excellent support provided to the Committee since his appointment. 12. Council Self-Evaluation Questionnaire 2014 Summary Report (GTC/14/47/03) The Acting Planning and Corporate Services Manager presented the paper which provided a summary of the Council s review of its own effectiveness carried out in March 2014. She advised that the annual governance statement should include details of the Council s annual review of its processes, practices and effectiveness. She advised members that twenty five (25) responses were received and collated, representing a return of 78% (an increase of 3% on last year) and highlighted the scores as follows: A high score of 4 and over (rating scale 1-5, with 1= Strongly disagree and 5 = Strongly agree) was recorded for all questions, with the exception of two questions relating to: The Council s relationship with its sponsor department DE; and the extent to which The Department of Education, The Minister and Assembly consider the organisation is performing well and that it has a strong Council and a good reputation among its stakeholders. She advised that these questions had received only a slightly lower score of 3.5 and 3.95 respectively and that the outcome of the questionnaire reflects an improvement since the 2013 Council survey overall. Members noted the outcome of the self-evaluation exercise. 13. 2013-14 Governance Statement and Corporate Risk Register (GTC/14/47/04) The Acting Planning and Corporate Services Manager and Registrar presented members with the 2013-2014 Governance Statement to be published in the Annual Report, together with the associated 2013-14 Corporate Risk Register. 5
2013-2014 Corporate Risk Register The Acting Planning and Corporate Services Manager advised members that the 2013-14 Corporate Risk Register has been monitored, reviewed and revised by SMT on a regular basis throughout the year; has been considered at each ARM Committee meeting during 2013-14; and has been approved at each subsequent Council meeting throughout the year and has been taken into consideration in preparing the draft Governance Statement. She informed members that the Register has been revised to include clearer definition of the Council s risk appetite in each area and has been submitted to the Department of Education in accordance with the accounts direction timetable on 9th May. She highlighted that one identified risk has materialised (CR5) in relation to: Impact of the loss of key personnel, the imbalance of staff complement and failure to secure sufficient staffing to deliver statutory requirements and corporate objectives 2013-2014 Governance Statement The Registrar informed members that the Governance Statement is a relatively new addition to annual reporting and draws on a review of the Council s governance arrangements, including the Council s 2014 self-evaluation questionnaire (GTC/14/47/06); the 2013-14 Corporate Risk Register (GTC/14/47/07) and the Audit and Risk Committee's Annual Report (GTC/14/47/05). She highlighted that the ARM Committee in particular has a key role to play in reviewing and challenging the content of the Statement, and that a special meeting of the ARM Committee had been held specifically for that purpose. She reported that the final Statement together with the final Corporate Risk Register were further scrutinised by the ARM Committee on 9 th May before submission to DE in accordance with the requirements of the Accounts Direction timetable. Members considered and approved the 2013-14 Governance Statement and Corporate Risk Register (including risk appetite definitions in each area outlined on page 4-6). The documents were proposed by C Davis and seconded by J Pollock. 14. Charity Commission for NI Trustees declaration (GTC/14/47/05) The Registrar and Acting Planning and Corporate Services Manager (APCSM) took members through the paper which provides a draft of the Council s application to register as a Charity with the Charity Commission for Northern Ireland (CCNI). Members were advised that the Council was registered as a Charity with HMRC for tax purposes only in November 2013 and that the Council has been called forward to register as a Charity with the Charity Commission for Northern Ireland (CCNI) by 17 th June 2014. The APCSM highlighted that each individual Council member will be required to act as a Charity Trustee and therefore needs to be aware of, and have regard to, obligations set out in the CCNI s Public benefit requirement statutory guidance and The Advancement of Education guidance provided. The purpose of the paper was to seek agreement on the Council s Purposes and related Public Benefit Statements. The Registrar advised that since drafting the statements on purposes she had identified additions that may need to be made, for example to Purpose 3. Ms Mules enquired about charity designations and said that Research/Evaluation should be added. She also asked about the inclusion of 5-13 year olds. Members agreed that these revisions should be made. 6
Mr Devlin enquired if the application would need to be altered in the future to include FE. In response the APCSM advised that it is a live document which needs to be continually refreshed in response to circumstances. Mrs Graham asked what would the position be if a member did not want to become a trustee. In response the APCSM advised that it was a requirement that all Council Members be deemed as trustees and that the duties expected from a trustee were similar to those currently of Council members. Mr Canning indicated that he was involved with other charitable organisations and confirmed that it was a requirement that all members must act as Trustees. He added that he agreed with the Registrar that Purpose 3 should be extended. Mr Colgan asked about the situation with sister organisations in Scotland and Wales. The Senior Education Officer advised members of the charitable status of our sister organisations. Mr Canning advised that the NI Charity Commission operates differently from the other Charity Commissions within the UK. The APCSM confirmed this and reinforced the stipulation that in Northern Ireland all purposes of any organisation applying for charitable status must be charitable. Members approved that revisions should be made to the application and sent into the Charities Commission as a first draft, seeking advice. Members also agreed to provide trustee details and declarations/signatures. 15. Council Standing Orders and Code of Practice Review (GTC/14/47/06) The Acting Planning and Corporate Services Manager took members through the paper, which set out proposed changes to the Council s exisiting Standing Orders and Code of Practice. Members were advised that both of these documents should be reviewed on a regular basis in accordance with best practice. No significant revisions to the Council s Standing Order were proposed. The document was proposed by D Mules and seconded by T Graham. Code of Practice Members were advised that the Code has been revised to take account of a recently issued Dear Finance Director letter by DFP FD (DFP) 04/14 which was attached to the paper. The main revisions propose to include information and enhanced guidance on: Gifts and Hospitality; Handling Conflicts of Interest; Use of Official Information and Resources; Political Activity; Use of Public Funds; Allowances; and Responsibilities towards employees. Members formally reviewed and approved the revised Standing Orders and Code of Practice. After discussion it was agreed that section 1.0 should be entitled 7 Principles of Public Life (Nolan Principles). Mr Agnew asked for clarification on the clause relating to membership of political parties. Members discussed impartiality and it was proposed to remove the last sentence of paragraph 13.1. 7
The Chief Executive of GTCS, Ken Muir commended the document and indicated that GTCS planned to draw upon it as an example of good practice when revising their Code. The revised document was proposed by T Murphy and seconded by G Dunlop. 16. Appraisal of Council Members (GTC/14/47/07) The Registrar advised that the success of the GTCNI in fulfilling its statutory duties and strategic objectives is dependent upon the advice, scrutiny and challenge offered by its Council and Committee and members. She took members through the paper which proposes that members will undertake an annual self-appraisal against agreed criteria which are based on the Council s Code of Practice. An anonymised summary of the selfappraisal returns will contribute to the annual review of the Council s effectiveness reported within the Annual Governance Statement. The Registrar highlighted that the draft guidelines placed a strong emphasis on selfevaluation and the identification of training needs, with the option of a review meeting with the Chair of Council and the relevant Committee. Mr Devlin said he would prefer a collective report rather than a report on individual members. Mr Canning indicated that he thought that the word appraisal should be removed and that the process should focus on self-evaluation. He said that, as a Council member, he wanted to make as effective a contribution as he could but that some people might be concerned at how the process might be used. Mr Agnew agreed with this point and said that appraisal was a strong word and that he preferred self-evaluation. Ms Hunter advised that in GTCS the process was referred to as Performance Review and that most of their members thought it was a worthwhile exercise. Ms McCay advised that she was subjected to PRSD in school and that as a voluntary elected member of Council she struggled to see the value of the process and that she wished to see a clearer focus on matters relating to teaching and not just governance issues. Mrs Graham said that if teachers put themselves forward for election then the process has value in terms of encouraging self-reflection. Mr Carlin agreed and said that the process would encourage reflective thinking. Mr Pollock agreed with this point also and suggested that the process might be described as Self-Review/Evaluation and Personal Development. The Senior Education Officer advised that the process would be a useful tool in getting feedback from individual members on what training was required particularly in identifying training needs in relation to regulation. Members considered and approved the general process and associated criteria. In line with the discussion it was agreed that the process should be refined to place stronger emphasis on self-evaluation and be brought back to Council for final approval. 17. Arrangements for the Transition Council (GTC/14/47/08) The Registrar took members through the paper which sets out draft proposals for the constitution and chairmanship of the Transition Council 2014-16. She informed members that the official term of office of the current Council comes to an end in October 2014. She 8
advised that the Standing Orders of the Council, as constituted by the terms of Statutory Regulations 2001 No. 288, that the term of office of the Chairperson and Vice Chairperson shall be that of the Council referred to the current 4 year term. She indicated that the Department of Education is taking action to facilitate the creation of a Transition Council 1) by adjusting current regulations for one year to allow the term of office of current Council members who wish to continue to serve on the Transition Council to be extended for a further year and 2) by inserting a similar clause in the proposed GTCNI Bill to cover the period 2015-16. The Registrar highlighted concerns that had been raised by one member about the representativeness of the Council in terms of serving versus retired members. In order to ensure the representativeness of the Council over the next two years, she advised that efforts should be made to fill vacant posts by seeking, in the case of representative bodies, the nominations of practising teachers and in the case of elected members, to approach the next practising runner up on the list. The Registrar indicated that the Chairs of all Committees had been re-elected or refreshed during the past year. The DE has advised that the regulations regarding the election of a Chair of and Vice Chair the Transition Council are a matter for the Council. In terms of best practice members were invited to consider whether the post of Chair and Vice-Chair should also be subject to election, bearing in mind that the Chairmanship of Council is a remunerated post. Members discussed the replacement of the 3 members who had resigned and also how many members were serving teachers. Mr Agnew said he was struck by the lack of serving teachers on the Council but indicated that a teacher could not be Chair of Council because of the time commitments. The Chairman reiterated concerns about the potentially unrepresentative nature of the Council in terms of the numbers of retired members and asked if all retired members should consider resigning. The Registrar highlighted the need to retain the experience of current Council members on the Transition Council and reminded members that any major move of this kind would possibly require elections. Mr Davis supported this point and suggested that it may be desirable in terms of experience for the current Chair and Vice-chair to remain in post. This suggestion was supported by Ms McCay, Mrs Dunlop and Mrs Donnelly. Ms Mules commended the service given by the Chair and Vice-Chair and by many members of Council over a considerable time since the inception of the Council. She highlighted, however, that since the Chair of Council was a remunerated post this position should be regarded differently and that it would only be fair and in line with good governance to allow other interested members to put their names forward. In discussion it was agreed that, vacant posts would be filled ASAP by the means indicated in the paper. Thereafter a letter would be sent to all members (and in the case of nominated members, their nominating authorities) asking if they wished to remain on the Council. It was agreed that interested members should submit their own nomination for the posts of Chair and Vice Chair, accompanied by a supporting statement, by the end of June 2014. Thereafter a postal ballot could be conducted within a designated timescale when the membership of the Transition Council has been confirmed. Members agreed the proposed actions. 9
18. 2013-14 Business Plan and Output report and Provisional Outturn (GTC/14/47/09) The Registrar and Acting Planning and Corporate Services Manager introduced this paper to members stating that this paper provides an end-of-year update/review of 2013-14 business plan targets; and the associated Provisional Outturn Report to 31 st March 2014. The 2013-2014 End-of-year Business Plan Output The template (which was provided as an attachment to this paper) was submitted to DE on 18 th April and reviewed and approved by the GP&F Committee on 14 th May. The descriptors highlight which targets have been: achieved in full or substantially achieved within the business year; and those which are or likely to be achieved but with some delay and will be carried over into the 2014-15 financial year. Members were advised that the main reasons for non-achievement of in-year targets are due to factors beyond the Council s control, such as, delays in approving the business case for a staff re-structure and in progressing the proposed GTCNI Bill. Members noted the report for information. 2013-14 Provisional Outturn The APCSM informed members that the Registrar is required to provide provisional outturn information against the Resource Allocation Plan and monitoring round adjustments. She reported that the total underspend of c. 60k (5.6% of budget) has resulted from factors outside the Council s control, such as: c. 20k underspend on anticipated procurement costs in 2013-14; c. 14k underspend from in-house resolution of work in relation to corporation tax compliance; and c. 14k underspend from projected: HR Support Services and Advertising costs arising from delays in approval of the business case for a staff re-structure. Members noted the report for information. 19. 2014-15 Draft Business Plan (GTC/14/47/10) The Registrar advised members that this paper sets out the Draft Business Plan for 2014-15 She informed members that the GP&F Committee had considered and recommended the draft Plan go forward to Council for final approval at its last meeting on 14 th May 2014. Members formally approved the draft business plan (prior to approval by DE) which was proposed by C Davis and seconded by I Simons. 10
20. Draft 2013-14 Annual Report and Accounts (GTC/14/47/11) The Acting Planning and Corporate Services Manager presented the draft unaudited Annual Report and Accounts of the Council for the year ended 31st March 2014. She advised that the NIAO plan to commence the audit of the Council s 2013-14 Annual Report and Accounts in October/November with a view to certification by end November 2014 (unless there are unforeseen issues). In accordance with the Year- end Timetable and Accounts direction issued by DE, Unaudited Accounts had been tabled and discussed at both the ARM Committee and GP&F Committee earlier in May. Members noted that the final 2013-14 Annual Report and Accounts will be scrutinised by the ARM Committee at a later meeting to be held in November 2014 prior to sign off by the Registrar and Chair of Council. Members approved the draft 2013-14 Annual Report and Accounts and noted that further Council approval will be sought in the event of any further significant revisions prior to final sign off. Proposed J Pollock, seconded Teresa Graham. 21. Management Statement and Financial Memorandum (GTC/14/47/12) The Acting Planning and Corporate Services Manager advised that Section 1.1.3 of the MSFM which was agreed on 23rd July 2013 states that A copy of the MSFM for the GTCNI should be given to all newly appointed Council Members, senior GTCNI executive staff and departmental sponsor staff on appointment. Additionally the MSFM should be tabled for the information of Council Members at least annually at a full meeting of the Council. Amendments made to the MSFM should also be brought to the attention of the full Council on a timely basis. Members were informed that no amendments have been made to the MSFM since July 2013. It was highlighted, however, that the Council s delegated limits are due to be reviewed in July 2014 on the basis of the successful submission and approval of a range of business cases and post-project evaluations. Members noted the paper for information. 22. Funding Strategy 2014-19: Proposed Working Group (GTC/14/47/13) The Registrar advised that that a detailed paper had been presented to the GP&F Committee which identified a number of likely future financial pressures and potential funding gaps that are likely impact on Council sustainability over the 5 year period from April 2014 to March 2019. A number of options and financial projections were also provided for consideration. The Registrar informed members that, after detailed discussion the GP&F Committee agreed to recommend to Council that a working group be established to consider the future funding of the Council in preparation for independent regulation. Members enquired if the letter going out to Council Members (regarding election) could include a request for members to join the Working Group on Future Funding. Members agreed that if Mr Salmon agreed to sit on the working group it would be very beneficial given his financial experience and expertise in this area. 11
23. AOB No further items were raised 24. Proposed meeting schedule of Council and Committees 2014-15 The proposed meeting schedule was circulated to members for consideration and approval. Dated.. Signed. 12