AQW 13470/17-22

Mr Andrew Muir
Alliance Party
North Down

Tabled Date: 26/01/2021
Answered On Date: 28/01/2021
Priority Written: Yes

Question:
To ask the Minister of Education to detail the powers to remove a member of the Education Authority Board.

Answer:

Under Schedule 1 of the Education Act (Northern Ireland) 2014 the Education Authority consists of a Chairperson (appointed by the Department on the basis of merit through a fair and open public competition), twelve persons appointed by the Department (“appointed members”), and eight nominated “political members”.

The Departmental appointments of the Chairperson and appointed members are for a specified period of not more than 4 years, and they hold and vacate office in accordance with the terms of their respective appointments subject to the provisions of paragraph 4 of Schedule 1 of the Act.

Under paragraph 4(4) of Schedule 1 of the Act, the Department may by notice in writing remove a person from office as Chair or as a Departmentally appointed member if satisfied that the person -

(a)has, without reasonable excuse, failed to discharge the functions of the office for a continuous period of 6 months;

(b)is the subject of a bankruptcy restrictions order (or interim order) or a debt relief restrictions order;

(c)has failed to comply with the terms of appointment;

(d)has been convicted of an indictable offence; or

(e)is otherwise unable, unfit or unwilling to perform the functions of the office.

These provisions are not applicable to political members nominated in accordance with paragraph 3 of Schedule 1 of the Act. The arrangements for the nomination of political members by each political party’s nominating officer and the circumstances in which they shall cease to hold office are set out in paragraph 3 of Schedule 1 of the Act. The legislation does not provide for a term of a specified length for political members, but provides that they shall cease to hold office (and new nominations shall be sought) in the event of certain changes in the Executive and Assembly as defined under the Northern Ireland Act 1998 (e.g. an Assembly Election).