Legislation

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Overview

LMETB is a statutory body. Its role and functions are set out in the Education and Training Boards Act, 2013. The Board’s functions are set out in section 10 of the Act. These are to –  

  1. establish and maintain recognised schools, centres for education and education or training facilities in its functional area
  2. when directed to do so by the Minister under section 20 —
    i. establish and maintain recognised schools in its functional area,
    ii. establish and maintain centres for education in its functional area,
    iii. maintain centres for education or recognised schools in its functional area, and
    iv. establish, maintain or resource education or training facilities in its functional area,
  3. plan, provide, coordinate and review the provision of education and training, including education and training for the purpose of employment, and services ancillary thereto in its functional area in—
    i. recognised schools or centres for education maintained by it,
    ii. education or training facilities maintained or resourced by it,
    iii. children detention schools,
    iv. prisons, and
    v. facilities maintained by other public service bodies,
  4. enter into arrangements with, and provide support services to, education or training providers, in accordance with section 22,
  5. establish scholarships in accordance with section 24,
  6. adopt a strategy statement in accordance with section 27,
  7. adopt an annual service plan in accordance with section 47,
  8. cooperate with any body nominated to carry out the internal audit functions under section 52,
  9. provide education and training at the request of, and on behalf of, any body which funds training out of money provided to that body by the Oireachtas,
  10. support the provision, coordination, administration and assessment of youth work services in its functional area and provide such information as may be requested by the Minister for Children and Youth Affairs in relation to such support, and
  11. assess whether the manner in which it performs its functions is economical, efficient and effective.
  12. An education and training board shall, in the performance of its functions where it considers appropriate, consult with—

 

ETB’s are governed by Department of Education Circular 2 of 2019, the “Code of Practice for the Governance of Education and Training Boards”, and a wide range of legislative provision in the areas such as public administration, contract law and employment law apply to the activities of all ETBs. The various acts and statutory instruments listed below contain those legislative provisions of most significance to LMETB. The list is not exhaustive.
  • Education Act, 1998
  • Education (Welfare) Act,2000
  • Education for Persons with Special Educational Needs Acts 2004
  • The Qualifications (Education and Training) Act, 1999
  • Youth Work Act, 2001
  • The Teaching Council Act, 2001
  • Further Education and Training Act 2013
  • Comptroller and Auditor General (Amendment) Act, 1993
  • Ethics in Public Office Act, 1995
  • Standards in Public Office Act, 2001
  • The Official Languages Act, 2003
  • The Children Act, 2001
  • The Ombudsman for Children Act, 2002
  • Data Protection Act 2018
  • Freedom of Information Acts, 1997-2014
  • Public Service Management (Recruitment and Appointments) Acts, 2004
  • Financial Emergency Measures in the Public Interest Acts, 2009-2013
  • Protected Disclosures Act, 2014
  • Ombudsman Acts 1980-2012
  • The Organisation of Working Time Act, 1997
  • The Employment Equality Act, 1998 (& Bill, 2004)
  • The Equal Status Act, 2000
  • The Protection of Employees (Part-time Work) Act, 2001
  • The Protection of Employees (Fixed Term Work) Act, 2003
  • Maternity Protection (Amendment) Act, 2004
  • Redundancy Payment Act, 1967-1991
  • Minimum Notice and Terms of Employment Act, 1973-2001 Safety,
  • Health & Welfare at Work Act, 1989 & related Regulations
  • Industrial Relations Act, 1990
  • Irish Sign Language Act 2017
  • Irish Human Rights and Equality Commission Act, 2014
  • Payment of Wages Act, 1991
  • Maternity Protection Act, 1994
  • Terms of Employment (Information) Act, 1994
  • Adoptive Leave Act, 1995
  • Protection of Young Persona (Employment) Act, 1996
  • Prompt Payment of Accounts Act, 1996
  • The Unfair Dismissals Acts, 1997-1993
  • Parental Leave Act, 1998
  • Carers’ Leave Act, 2001
  • The Finance Acts, various years
  • Charities Act 2001

LMETB is conscious of its key role in promoting, protecting and vindicating the achievement of the key human right to education. The right to education is contained in the International Convention on Economic, Social and Cultural Rights (Article 13). All public bodies in Ireland have responsibility to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans. This is a legal obligation, called the Public Sector Equality and Human Rights Duty, and it originated in Section 42 of the Irish Human Rights and Equality Commission Act 2014.

The Irish Sign Language Act 2017 (Act 40 of 2017), signed into law by President Michael D Higgins on 24th December 2017 and commenced on 15 December 2020 recognises Irish Sign Language as an official language of Ireland.  The Act sets out Deaf peoples entitlement to interpreting to access information and services provided by public bodies.

The Act outlines the requirement for courts and public bodies to use interpreters whose qualifications are verified by the Register of Irish Sign Language Interpreters (RISLI). Enhancing of the provision of services through Irish in line with schemes under the OLA of 2013 will also be context for the statement of strategy.