Enterprise and Culture Committee, 29 Nov 2005
Meeting date: Tuesday, November 29, 2005
Official Report
279KB pdf
Subordinate Legislation
Fundable Bodies (Scotland) Order (draft)
I am told that we must allow up to 90 minutes for item 2, but I am sure that we will not require that long.
I welcome the Deputy First Minister and Minister for Enterprise and Lifelong Learning, who is here to discuss the draft Fundable Bodies (Scotland) Order 2005.
I hope that this might take something closer to 90 seconds.
The reason why this affirmative order comes before you is to ensure that funding can go to the two new merged colleges that have been created. There has been consensus about the creation of the colleges; I do not think that this issue is controversial in any way. One of the colleges—the Adam Smith College in Fife—is an entirely new college that has been created through the merger of Fife College of Further and Higher Education and Glenrothes College. The other college, Forth Valley College of Further and Higher Education, has been created in a different way, through the changing of Falkirk College of Further and Higher Education's name and what is in effect the merging of Falkirk College and Clackmannan College of Further Education, which has transferred its assets into the former Falkirk College.
The two colleges have been created in slightly different ways but with the same result. We have to ensure that they can be funded by the new Scottish Further and Higher Education Funding Council, which is the reason for introducing this order, which will add them to the list of fundable bodies that the funding council is able to support.
I move,
That the Enterprise and Culture Committee recommends that the draft Fundable Bodies (Scotland) Order 2005 be approved.
Does anyone have any questions?
I have no questions. I do not know whether I would need to declare an interest as I am a former member of staff of Kirkcaldy Technical College, which became Fife College.
I am pleased to see this order on the agenda and I am also pleased to see that no one else has their hand up to speak. I notice no potential objectors among my colleagues. Given that I am going to a prize-giving ceremony in the Adam Smith College in the next week or so, I give notice now that I intend to vote in favour of this order.
We will not ask whether you are going to the college to give or to receive a prize.
I want to raise an issue about the rules governing the chairmanship of colleges, although that is not directly related to the statutory instrument. As a result of the merger that took place between Clackmannan College and Falkirk College, there was an issue to do with the continuation in post of the chairman. The current rules did not allow that to happen, because a new company had been set up. From talking to people who were not happy when they discovered this rule, it seems to me that it is a bit bureaucratic and unnecessary. Perhaps the minister would like to look into that matter as part of his deregulation function.
Perhaps George Reid can assist with that. What you have just said concerns me. You said that a new company had been set up, but I have just explained to you that Clackmannan College merged into Falkirk College.
Sorry, I meant to say that, if a new company had been created, it would have been okay, but, in this case, that had not happened.
I am told by the clerk that, strictly speaking, the official cannot speak at this point in the proceedings. However, I will overrule the rules on this occasion.
George Reid (Scottish Executive Department of Enterprise, Transport and Lifelong Learning):
With the vehicle that was used for the merger, the corporate body of Falkirk College remained the same even though its name changed. Therefore, because the chairman of the board of management had come to the end of the maximum 12 years for which he was allowed to remain on the board, he was required to demit office. I believe that the college is due to make an announcement shortly on a new chair.
I draw the issue to the minister's attention. It seems to be a totally unnecessary bureaucratic rule that flew in the face of the wishes of the local people about the chairmanship of the body. The minister may want to consider the issue in future.
I will do that. Your point is carefully noted.
On that basis, I take it that we recommend approval of the statutory instrument.
Members indicated agreement.
Motion agreed to.
That the Enterprise and Culture Committee recommends that the draft Fundable Bodies (Scotland) Order 2005 be approved.
I thank the minister for his five minutes—we did not need the other 85.