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42 2001

YOUTH WORK ACT, 2001

PART 2

Youth Work Functions of Minister and Vocational Education Committees

Youth work functions of Minister.

8. —(1) The Minister, as far as practicable, shall—

(a) ensure the development and co-ordination of policies relating to youth work programmes and youth work services in both the Irish and the English languages,

(b) ensure the co-ordination of youth work programmes and youth work services with education programmes and other programmes that provide services for young persons,

(c) provide, from within the financial resources available to the Minister, moneys in each financial year to assist in the provision of youth work programmes and youth work services,

(d) conduct research or cause research to be conducted in respect of youth work, including youth work programmes and youth work services in one or more vocational education areas,

(e) monitor, at least once in each financial year, a youth work programme or a youth work service receiving moneys under this Act, including a youth work programme or a youth work service provided by a voluntary youth work organisation receiving moneys provided under sections 9(1)(a) and 34,

(f) subject to section 16 , carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service provided by an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an authorised organisation in receipt of moneys under section 34 ,

(g) subject to section 16 , carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service referred to in section 9 (1)(a) and for which moneys are provided by a vocational education committee,

(h) subject to section 16 , carry out an assessment, at least once in every 3 years, of a youth work programme or a youth work service provided in accordance with a resolution of a vocational education committee under section 11 (5), and

(i) appoint a National Youth Work Advisory Committee under section 17 .

(2) Without prejudice to the generality of subsection (1), the Minister, in performing his or her functions, shall have regard to—

(a) the treatment of male and female young persons, respectively, in relation to access to youth work,

(b) the number of male and female young persons, respectively, who are likely to participate in the youth work programmes and youth work services, and

(c) youth work requirements of persons who have attained the age of 10 years but not 21 years who reside in a Gaeltacht area and/or whose first language is Irish.

(3) Without prejudice to the generality of subsection (1)(c), the Minister shall endeavour to ensure—

(a) that regard is had to the information needs of young persons, and

(b) that particular regard be had to the youth work requirements of—

(i) persons who have attained the age of 10 years but not 21 years, and

(ii) other young persons who are socially or economically disadvantaged.

(4) Without prejudice to the generality of subsection (1)(e), (f), (g) and (h), in the monitoring and assessment of a youth work programme or a youth work service, the Minister shall have regard to any evaluation of the expenditure incurred in the provision of the programme or service.

(5) The Minister may, following an assessment under subsection (1)(f) and consideration of any representations in writing made by the organisation providing the youth work programme or youth work service so assessed made within 21 days after receipt by the organisation of the report of the assessment, give directions to the organisation in relation to the manner in which the programme or service is provided, and the organisation shall comply with the directions.

(6) The Minister may, following an assessment under subsection (1)(g) and consideration of any representations in writing made by the organisation providing the youth work programme or youth work service so assessed made within 21 days after receipt by the organisation of the report of the assessment, give directions to the organisation in relation to the manner in which the youth work programme or youth work service is provided, and the organisation shall comply with the directions.

(7) The Minister may, following an assessment under subsection (1)(h) and consideration of any representations in writing made by the vocational education committee providing the youth work programme or youth work service so assessed made within 21 days after receipt by the vocational education committee of the report of the assessment, give directions to the vocational education committee in relation to the manner in which the youth work programme or youth work service is provided, and the vocational education committee shall comply with the directions.

(8) The Minister may, from time to time, by order, direct any 2 or more vocational education committees to enter into an arrangement for the joint exercise of their powers and functions under this Act subject to such terms and conditions as the Minister considers appropriate and, if a question arises between the committees in relation to such an arrangement it shall be referred to the Minister whose decision on the matter shall be final.

(9) The Minister may by order amend or revoke an order under subsection (8) and an order under this subsection.

Youth work functions of vocational education committee.

9. —(1) In addition to the functions conferred on it by or under the Vocational Education Acts, 1930 to 1999, each vocational education committee shall, as far as practicable and within the financial resources available to it—

(a) ensure the provision within its vocational education area of youth work programmes or youth work services, or both, by—

(i) co-ordinating its plans, proposals and activities with approved national voluntary youth work organisations, designated local voluntary youth work organisations and authorised organisations within its vocational education area so as to ensure the provision of those programmes and services by those organisations, and

(ii) providing assistance, including financial assistance, to an approved national voluntary youth work organisation, a designated local voluntary youth work organisation or an authorised organisation, and the provision of the financial assistance shall be subject to such conditions as may be determined by the vocational education committee in accordance with such guidelines and regulations as may be issued or made by the Minister following consultation with the National Youth Work Advisory Committee,

(b) ensure co-ordination within its vocational education area of youth work programmes and youth work services with education programmes and other programmes that provide services for young persons,

(c) ensure that in the provision of youth work programmes or youth work services, or both, under paragraph (a), particular regard shall be had to the youth work requirements of—

(i) persons who have attained the age of 10 years but not 21 years, and

(ii) other young persons who are socially or economically disadvantaged,

(d) without prejudice to section 8 (1)(e) and (g), monitor and assess the youth work programmes or youth work services, or both, for which moneys are provided under this section and in particular shall have regard to an evaluation of the expenditure incurred in the provision of such programmes or services,

(e) prepare a Development Plan in accordance with section 13 and make all reasonable efforts to ensure that all youth work in its vocational education area is provided in accordance with the Development Plan, and

(f) consult with and report to, in regard to youth work, such person or persons as the Minister may, from time to time, direct.

(2) Without prejudice to the generality of subsection (1)(a) and (b), a vocational education committee, in co-ordinating as provided in those subsections, shall have regard to—

(a) the treatment of both male and female young persons, respectively, in relation to access to youth work, and

(b) the number of male and female young persons, respectively, who are likely to participate in the youth work programmes and youth work services.

Withdrawal or reduction of assistance.

10. —(1) Where an organisation in receipt of financial assistance provided under section 9 does not comply with—

(a) a condition attached under section 9 (1)(a)(ii) to which it is subject, or

(b) a direction under section 8 (6),

the vocational education committee may, subject to section 10 (2) to (5), withdraw or reduce the amount of the financial assistance.

(2) Where a vocational education committee proposes to withdraw or reduce the amount of financial assistance provided under section 9 , and where the amount to be withdrawn or by which it is to be reduced exceeds such sum as the Minister may from time to time determine, the vocational education committee shall, by notice in writing, inform the organisation that—

(a) a withdrawal or reduction is being considered, and

(b) the reasons for the proposed withdrawal or reduction.

(3) An organisation may, within the next 21 days beginning on the date when a notice under subsection (2) is given to it, or such longer period as the vocational education committee may determine, make representations in writing to the Assessor of Youth Work giving reasons why, in its view, the proposed withdrawal or reduction is not warranted.

(4) The Assessor of Youth Work shall consider any representations made under subsection (3) and shall make recommendations to the vocational education committee on the matter.

(5) Where a vocational education committee, having considered the recommendations made by the Assessor of Youth Work under subsection (4) decides, by resolution, to withdraw or reduce the amount of financial assistance it shall, in writing, inform the organisation of the withdrawal or reduction and the reasons therefor.

Provision of programmes and services where none currently provided.

11. —(1) Where a vocational education committee considers that a youth work programme or a youth work service is required to be provided in its vocational education area but it is not being provided, the vocational education committee shall—

(a) publish a notice in at least 2 newspapers circulating in the vocational education area inviting organisations in its vocational education area to submit a proposal for the provision of that youth work programme or youth work service specifying in the proposal such information as the vocational education committee may require concerning the provision of the programme or service, and

(b) assess, in accordance with such guidelines or regulations as may be issued or made by the Minister, and following consultation with the youth work committee for the vocational education area concerned, the suitability of the proposals submitted in accordance with paragraph (a).

(2) Where the vocational education committee decides, after considering all proposals submitted to it under subsection (1), that none is suitable for the purposes of providing the youth work programme or youth work service concerned, it shall prepare a report regarding that decision and, by notice in writing, inform each organisation that submitted the proposals of its decision and the reasons for its decision.

(3) An organisation may, within the period of 21 days beginning on the date when a notice under subsection (2) is given to it, make such representations to the vocational education committee as it considers appropriate and the vocational education committee shall, within a period of 2 months beginning on the date when they were made, consider the representations.

(4) A vocational education committee may, following consideration of representations, if any, made under subsection (3)

(a) reject the proposals and inform the organisation concerned of its decision, or

(b) accept the proposals, inform the organisation of its decision and allow the organisation to provide the youth work programme or youth work service.

(5) A vocational education committee may, pursuant to a resolution of the committee, provide a youth work programme or a youth work service in respect of which a proposal has been rejected under subsection (4)(a).

(6) A vocational education committee which provides a youth work programme or youth work service under subsection (5)

(a) shall not continue to provide the programme or service for a period in excess of 3 years from the date of commencement of its provision unless it is satisfied that there is no organisation that can and is prepared to make suitable arrangements for its provision, and

(b) shall, before the end of the second year and every 3 years thereafter of providing the programme or service, apply the procedure set out in subsection (1) for the purpose of ascertaining whether suitable arrangements, as referred to in paragraph (a), can be made for its provision.

Removal of youth work functions of vocational education committee.

12. —(1) Where, in the opinion of the Minister, a vocational education committee fails to perform its functions under this Act in an effective manner, the Minister may, by order, remove the function from the vocational education committee and transfer it to the Chief Executive Officer of the committee, or to such other person or body as the Minister may specify in the order, for such period, not exceeding 2 years, as the Minister specifies in the order.

(2) Where the Minister proposes to make an order under this section, the Minister shall, by notice in writing, inform the Chief Executive Officer and the vocational education committee that the Minister is considering making an order and the reasons therefor and the Chief Executive Officer or the vocational education committee, or both, may, within the period of the next 14 days beginning on the date on which the notice is given, or such longer period as the Minister may determine, make representations in writing to the Minister.

(3) If, after considering any representations made under subsection (2), the Minister is of the opinion that an order under subsection (1) should be made, the Minister shall make the order and shall, by notice in writing, inform the Chief Executive Officer and the vocational education committee of the making of the order and the reasons for making it.

(4) Where a function of a vocational education committee under this Act is transferred under this section, the vocational education committee shall not perform, supervise, direct or control the exercise of the function but the Chief Executive Officer or other person to whom the function is transferred shall keep it informed of matters arising from the exercise of the function.

(5) The Minister may, by order, amend or revoke an order under this section, including an order under this subsection.