I propose to take Questions Nos. 1255, 1256, 1257 and 1258 together.
The Learner Protection Fund (LPF) underpins a new statutory scheme for the protection of enrolled learners (PEL) which has been provided for under amendments to the Qualifications and Quality Assurance (Education and Training) Act 2012.
On 1st September 2024, all outstanding provisions of this Act were commenced alongside the necessary Ministerial Regulations to enable and empower Quality and Qualifications Ireland (QQI) to establish the LPF. The implementation of this new scheme and the LPF is at an advanced stage.
This new scheme will provide stronger protections for Irish, EU/EEA and non-EU/EEA learners. It will supersede existing PEL arrangements in the Higher Education and Further Education and Training sectors as well as introduce such statutory protections in the English language education sector for the first time as this sector comes under QQI’s quality assurance regulatory ambit via the TrustEd Ireland - International Education Mark.
Unless specifically exempted under the Act of 2012, the Protection of Enrolled Learners will apply to private and independent providers offering:
• programmes of education and training of three months or longer duration included in the National Framework of Qualifications, and
• English language programmes authorised to use the TrustEd Ireland - International Education Mark.
To date no monies have been paid into the LPF nor have any payments been made from it.
The first cohort of providers that will be required to pay an annual charge into the Fund will be those engaging with QQI for the first time. This will include English language education providers who are successfully authorised to use the TrustEd Ireland - International Education Mark and come within QQI’s statutory framework.
Higher Education and Further Education and Training providers with relationships to QQI that pre-date 1 September 2024 are currently within a transition period provided for under the amended Act of 2012. This provision enables these providers to retain their pre-existing PEL arrangement until 31 August 2027 at the latest. This period enables QQI to engage with these providers to actively manage their transition to the LPF.
The introduction of the TrustEd Ireland - International Education Mark will see the regulation of English language education providers on a statutory basis for the first time. In the absence of such regulation and as this activity is substantially undertaken by privately owned businesses, this is no comprehensive data available on the number of such providers that have failed or suddenly closed over the last decade.
Noting the above and to ensure the robustness of providers engaging with QQI, the agency has been further empowered to undertake Due Diligence assessments. This new function enables QQI to assess a provider's capacity and capability to deliver programmes of education and training consistent with the quality assurance processes and procedures required by the Act of 2012. This function has been introduced on a phased basis with the first cohort to undergo assessment including those English language education providers that are applying for the TrustEd Ireland mark.