Minutes Meeting of the Board of Directors A meeting of the Board of Directors was held on Thursday 16 December 2010 at 9.30am in the Ramillies Room, Beardmore Hotel, Clydebank, G81 4SA. Present: Jim Conroy, Board Member Paul Harris, Board Member Louise Hayward, Board Member Bernard McLeary, Chief Executive and Board Member Graeme Ogilvy, Deputy Chair Ken Thomson, Board Member In attendance: Eileen Gill, Chief Professional Adviser, Strategic Organisational Development Alistair Gordon, Director - Corporate Services Anne Jardine, Director – Learning and Community Kay Livingston, Director – International, Research and Innovation Catherine MacIntyre, Professional Adviser, Policy & Governance Murray McVicar, Scottish Government Apologies: Alan Armstrong, Director – Curriculum and Assessment Jacqui Hepburn, Board Member Iain Nisbet, Board Member Christine Pollock, Cosla Observer Maureen Verrall, Scottish Government Gavin Whitefield, Special Adviser 1. Due Date Alistair Dec 10 Welcome / Apologies 1.1 Aplogies 1.1.1 2. Action As noted above. Minute of the Previous Meeting + AGM + Action Grid + Note of Closed Session Discussion held on 20 October 2010 2.1 The Minute (and Action Grid) of the previous meeting held on 20 October 2010 were accepted as a true record. The Record Note of the Closed Session Discussion will be dealt with later on the agenda. 2.2 The Minute and Action Grid will now be published on the website, subject to any FOI exemptions. Meeting of the Board of Directors 16 December 2010 1 B.Mins.06/10 Minutes Action 3. Matters Arising from the Previous Minutes – 20 October 2010 3.1 Interim CMT Structure (Item 6.1 refers) 3.1.1 3.2 3.3 Paul advised that a series of meetings have been put into diaries on a 6 weekly basis. The next meeting is scheduled to take place in January 2011 and it is expected that there will be actions arising from that meeting. Chief Executive’s Report – SLF (Item 8.4 refers) 3.3.1 In response to a question from Ken, Bernard confirmed that SLF would be a priority for next year. However, it was likely that the model would need to be reviewed in terms of resourcing. Declarations of Interest 4.1 5. The Board noted that as a result of the additional role that Eileen has taken on within the Scottish Government’s SEQIA Project Implementation Team, CMT leadership responsibility for Learning and Technology has now transferred to Kay. Education and the Arts – Culture & Creativity: An Action Plan (Item 8.3 refers) 3.2.1 4. Due Date None. Deputy Chair’s Report 5.1 SEQIA 5.1.1 Graeme advised that Jamie Hume, Agency Creation and Development Director, was holding a series of meetings with LTS (HMIE and Scottish Government) staff. 5.1.2 Graeme was also scheduled to meet with Jamie earlier in December, but that meeting had to be postponed until January. A meeting is also being arranged for Jamie to meet with the Board in January and that will provide an opportunity to raise questions and discuss issues. Meeting of the Board of Directors 16 December 2010 2 B.Mins.06/10 Minutes Action Due Date 5.2 ELL Ministerial Meeting 6. 5.2.1 Graeme advised Board Members that the follow up meeting with Ministers in November had been cancelled and will now take place in January 5.2.2 Graeme also reported that he had met with the Chief Executive of NHS Education. There was broad agreement that some statutory training requirements could be the same across a number of agencies and further work was now being taken forward to look at efficiencies and cost savings. 5.2.3 Finally, Board Members noted that Angela Constance had been appointed as the new Minister for Skills and Lifelong Learning. Graeme met the Minister briefly and commented that the Ministerial advisory and support team will continue as before. One of the Minister’s priorities is to meet formally with Graeme, but it is recognised that time may be limited as a result of the forthcoming elections. CSR and Scottish Government Draft Budget: Implications for LTS 6.1 6.2 Bernard introduced and spoke to this paper. The Board received a detailed briefing which included the following key points: 6.1.1 The draft figure of £17.3m for financial year 2011/12 represented a severe cut (approximately £8.5m) to the LTS budget over one year. 6.1.2 LTS remains committed to delivering Ministerial priorities. 6.1.3 LTS has substantial fixed costs, eg Interconnect. 6.1.4 A key issue is the Scottish Government’s conceptualisation and structure of the budget. LTS needs to work on the £17.3m as a whole budget with no ring fencing otherwise it will not be possible to deliver. Board Members were also reminded that LTS can demonstrate that it delivered on the efficiencies required by the Scottish Government. Meeting of the Board of Directors 16 December 2010 3 B.Mins.06/10 Minutes Action 6.3 Alistair confirmed that, arithmetically,it is possible to meet the reduced budget figure of £17.3m. However, after subtracting direct staffing costs of approximately £12.5m and £2.1m for Janet and the Interconnect, it not only leaves very little funding for delivery of Ministerial priorities but also renders the organisation facing severe challenges in terms of ensuring appropriate resources. 6.4 Murray advised the Scottish Government is hoping that it will be a single budget with no ring fencing. Murray went on to say that he appreciated that previous funding models had not been helpful in allowing LTS to take a more strategic view. However, Ministers had to take some very difficult decisions over the last few weeks and there was a commitment to protect frontline services. The Scottish Government is not unaware that this is challenging. 6.5 The Board discussed the need for dialogue between LTS and the Scottish Government to ensure that there is absolute clarity around LTS priorities which must take into account affordability – this is responsible governance. It does not make sense to transfer commitments into the new body that the new body then cannot deliver. Therefore, the Scottish Government needs to come forward with a clear set of priorities. 6.6 Murray agreed that there would need to be discussions and understood that LTS needs to deliver a balanced budget. However, the Scottish Government needs to take a view over the whole year in terms of the new agency. Jim cautioned that if LTS becomes debilitated, then there will be difficulties in terms of what will transfer to the new agency. 6.7 Graeme stated that the Board responsibilities at this time sit with LTS and a balanced budget will be required even if just for 3 months from April to June. Graeme asked that Murray convey this to Scottish Government colleagues. The Board also has responsibility for staff. Graeme acknowledged Murray’s points, but emphasised that the Board has a clear governance responsibility was from now until end June 2011. Meeting of the Board of Directors 16 December 2010 4 Due Date B.Mins.06/10 Minutes Action 6.8 Due Date The Board then had a lengthy discussion. The following points emerged: 6.8.1 Scottish Government colleagues were aware of the detail of LTS budget commitments, including contractual obligations which in effect makes the cut more than 35%. 6.8.2 The Scottish Government has provided LTS with a set of high level outcomes and priorities for next year and now wants LTS to come back with proposals setting out what can be delivered. The difficulty is that LTS is caught in the middle of delivering Ministerial priorities with severely reduced resources. 6.8.3 There is also the issue of next year’s Pay Policy Guidance and there are legal issues around TUPE transfer which may prevent redeployment of staff ahead of transfer to the new agency. 6.8.4 It is still not clear if the Lifelong Learning funding is ring fenced. 6.8.5 The priorities from the Scottish Government are helpful, but are essentially the same as last year – nothing has changed apart from the decrease in funding. 6.8.6 The question of whether the Minister understood the LTS budget was raised and the implications of Scottish Government policy in terms of staffing. It was agreed that the Board may need to raise this 6.8.7 It is important now to manage expectations both within the Scottish Government and with stakeholders. The need to be clear about what can be delivered over the 3 months from April to June 2011 cannot be emphasised enough. 6.8.8 At its meeting in November, Ken said that the Audit Committee had been frustrated, confused and disappointed about the information made available regarding the budget. LTS needs to have a balanced budget and review what can then be delivered. Meeting of the Board of Directors 16 December 2010 5 B.Mins.06/10 Minutes Action 6.9 Due Date Alistair advised that the costs were illustrative only. In order to make the necessary savings staffing levels would need to be reduced by the end of March 2011. Louise said that this would devastate support structures for CfE and there are, therefore, educational implications. . 6.10 Graeme stated that a paper needs to be sent the Scottish Government very quickly in the New Year which gives details of the implications of the LTS budget cut. It is assumed that the new body will have responsibility for CfE, for example, and the Scottish Government needs to be aware that a number of the staff that are likely to be ‘let go’ are in fact business critical. 7. 6.11 Bernard raised the matter of consultation which LTS is legally obliged to carry out and asked Murray when LTS management could advise staff and TUs of the termination of the Fixed Term contracts. Murray suggested that the management should use their own discretion, but he would confirm with Scottish Government colleagues. Bernard emphasised that staff need to be advised no later than week commencing 10 January 2011, otherwise there would not be enough time to undertake the necessary consultation process. Murray Dec 2010 6.12 In summary, Graeme said he wanted to be clear that the LTS Board was not asking for more funding and also accepts that there will be a new organisation. However, the Board wants to make the position clear that whilst the budgets cuts can be achieved, the Scottish Government needs to be aware of and understand the consequences. The Board has a duty to advise the Scottish Government of the situation and this will be outlined in Bernard’s paper. Bernard Jan 2011 6.13 Finally, Bernard reminded Murray that clarification is required about the Communities Team funding and expectations. Murray Jan 2011 SEQIA 7.1 Murray provided the Board with an update which included the following points: Meeting of the Board of Directors 16 December 2010 6 B.Mins.06/10 Minutes Action 7.1.1 The Programme Board has been established comprising Bernard, Bill Maxwell, Maureen Verrall and Jamie Hume. 7.1.2 A Programme Plan has been developed within which there are six Projects: i) ii) iii) iv) v) vi) Due Date Corporate Strategy Stakeholder Engagement Organisation Structure Staffing and Change Management Infrastructure Communications 7.1.4 More detailed plans are being developed for each of the Projects and will be included within the next Staff Bulletin. 7.1.5 Jamie is consulting / speaking to people and a high level functions paper has now been produced. This will be shared with staff and will then be the subject of wider consultation in January, with the aim of having a more detailed paper by the end of January. 7.1.6 A date is being identified for the Programme Board to meet all TUs involved. 7.1.7 So far the Programme is on track, but there is a lot to deliver by the end of June 2011. 7.2 Paul asked that if the mission, vision, etc., is still only in draft, what was the predicating factor for setting up the new agency. Murray explained that Ministers looked across the landscape and agreed that there were other ways of delivering priorities. Paul queried what drove the decision to change the landscape. Murray again stated that Ministers felt there were other ways of delivering priorities and added that this was not necessarily the end of the process. 7.3 Paul commented there was a real resonnance with the merged Culture agencies and referred Board colleagues back to a previous question – what stays and what goes? There is a challenging timescale and the Scottish Government does not yet have the Meeting of the Board of Directors 16 December 2010 7 B.Mins.06/10 Minutes Action Due Date priorities for the new agency. If Creative Scotland is anything to by, establishment of the new agency is not achievable. Jim added there was a risk of serious reputational damage to the Scottish Government if the new agency does not deliver. 7.5 Graeme asked about the proposal to establish a Challenge and Support Forum and asked what progress had been made. Murray said that there was still a question about TU representation, but that the Forum would be set up soon. 7.6 Bernard referred back to the challenging timescale and the delay in finalising the scope, vision and functions for the new agency. This means that it will be difficult to identify which staff will transfer from the Scottish Government. Staff are understandably worried and need to see the key dates and milestones, eg advertisement for the new Chief Executive; TUPE letters; structures, etc. 7.7 Kay added that there are also implications in terms of the planning process which would normally be well underway by this stage in the year. 7.2 LTS Progress Report 7.2.1 Board Members noted the report. The main points discussed included: i) The LTS staff meeting on 17 and 21 December starts the real engagement with Jamie Hume. LTS staff have been positively disposed towards the new agency, but to reassure staff they need to get information regarding the functions, TUPE, pensions, etc. Jamie is also meeting with Scottish Government staff iii) There are issues around Corporate Services and, therefore, developing the shape the new agency before 1 July 2011 would be helpful. 7.2.2 Board Members agreed that the transition from LTS to the new agency would, in itself, be challenging enough, but Meeting of the Board of Directors 16 December 2010 8 B.Mins.06/10 Minutes Action Due Date together with the budget cuts will make it very difficult for the organisation. In addition, the political climate in the New Year would only compound matters. 8. Annual Planning 2011/12 8.1 9. Alistair advised the Board that the process is not as far advanced as it would be normally. It is difficult to plan as there is not yet complete clarity on priorities. However, a further report will be made to the Board in February. Alistair 23.2.11 Chief Executive’s Report 9.1 Curriculum for Excellence, Assessment and Glow The Board noted the report. 9.2 Learning and Technology The Board noted the report.. 9.3 Communities Team 9.3.1 Anne reported that the team is working hard to raise the profile and working closely with CLD Managers and various other partners. CLD has integrated well and the team is now focused on taking forward the outcomes of the Communities Team plan. 9.4 Review of Post-16 Education 9.4.1 Anne reported that LTS is working on a response to the consultation which is due to be submitted on 17 December 2010. The meeting which was due to be held was cancelled because of the snow. Once rescheduled, this will give LTS the opportunity to meet other interested bodies. Anne will provide a further update at the next Board meeting. Anne 23.2.11 9.4.2 The Board requested that the LTS response is circulated to Members prior to the next Board Meeting. Catherine Dec 2010 Meeting of the Board of Directors 16 December 2010 9 B.Mins.06/10 Minutes Action Due Date 9.4.3 Graeme commented that he had attended a meeting of the Economic Forum and had noted a significant emphasis on STEM subjects. This would be very relevant to the LTS science team. 9.4.4 Bernard said that this was in line with the Board’s view that LTS will need to prioritise what can be delivered. Graeme signalled to Murray that STEM subjects is recognised within the system and there is, therefore, a need for LTS to take account of it. 9.4.5 On a related point, Jim reminded Board colleagues of discussion at the last meeting about the financial investment in NAR and how evaluation of its success would be undertaken. Jim also questioned whether NAR should continue to be a priority. 9.4.6 Bernard explained there is already a commitment to NAR because of SQA and also the teacher population need the resource. Louise added that NAR is part of capacity building so that teachers themselves can develop knowledge and expertise. The point about learning from their own experience is important. 9.5 Mentoring 8.2.1 9.6 Kay advised the Board that LTS (in partnership with the New Teacher Center in California) had been looking at peer mentoring in the context of CfE. A research and development pilot project has been set up and LTS will work with the pilot participants to collect evidence of the impact of peer mentoring on teaching and learning Confucius Institute 9.6.1 Kay confirmed that, further to previous Board reports on this topic, LTS has been awarded Confucius Institue status by the Hanban. The formal recognition was confirmed in a prestigious signing ceremony. Meeting of the Board of Directors 16 December 2010 10 B.Mins.06/10 Minutes Action 9.6.2 10. Due Date LTS has also received very positive reports from the Tianjin Education Commission and the Hanban. Kay recently attended a World conference of Confucius Institutes in Beijing where the Deputy Minister of Education praised LTS in his concluding remarks. Financial Authority Levels 10.1 Alistair reminded the Board that the Financial Authority Levels would normally be reviewed and then agreed by the Board on an annual basis. In view of the creation of SEQIA, views were sought from our external auditors, Scott Moncrieff. Their advice is to leave the current financial authority levels unchanged. Board Members unanimously supported this course of action. 11. Corporate Performance Report 11.1 Alistair drew attention to the following points regarding status: i) Targetted Support and Developing Global Citizens are both Green. ii) Curriculum and Assessment and Emerging Technologies are Amber – no anticipated impact on scope or plan. iii) Community Learning and Development is Red – issues have been address and taken forward satisfactorily. iv) Technologies for Learning is Red – discussions with the Scottish Government reached a successful conclusion. 11.2 In response to a query regarding Red residual risks, Alistair explained that it was due to the difference between influence and control. 12. Advisory Council Update 12.1 Louise reported on the process that the Advisory Council has been engaged in with LTS and other organisations. A seminar about what matters in the change process had taken place with LTS staff and a number of other seminars are planned with different bodies. Meeting of the Board of Directors 16 December 2010 11 B.Mins.06/10 Minutes 12.2 At the last meeting Louise had advised the Board that the main topic chosen by the Advisory Council was creativity. Members of the group have now been identified and it will be chaired by Mary Naismith. The Board will receive a further update at the next meeting. Action Due Date Louise 23.2.11 Louise 23.2.11 12.3 Louise reminded the Board about the ‘hot topics’ and confirmed that there are now two hot topics: Partnerships with Academic and Vocational Learning and Learning and Accountability. 12.4 The Advisory Council work programme is going ahead as planned and the Board will receive a further update in due course. 13. Items for Noting 13.1 Minute from OD Committee Meeting – 18 November 2010 13.1.1 Noted. 13.2 Audit Committee Meeting: 26 November 2010 13.2.1 Noted. 13.3 Finance Report – October 2010 13.3.1 Noted. 13.4 Media Updates – October and November 2010 13.3.1 Noted. 14. AOB 14.1 None. Meeting of the Board of Directors 16 December 2010 12 B.Mins.06/10 Minutes Action 15. Due Date Date of Next Meeting 15.1 The next meeting will take place on Wednesday 23 February 2011 at 10.30am in the Board Room, Learning and Teaching Scotland, Glasgow. Approved by: ______________________________________ Graeme Ogilvy, Deputy Chair Date: _________________ Approved by: ______________________________________ Alistair Gordon, Company Secretary Date: _________________ Meeting of the Board of Directors 16 December 2010 13 B.Mins.06/10