Thursday 27 December 2007

Why the ruling on ELQs contravenes Article 149 EU Treaty


















The following is an extract from Article 149 of the EU Treaty:-


Article 149 (ex Article 126):-

2. Community action shall be aimed at:-


developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States.


encouraging mobility of students and teachers, inter alia by encouraging the academic recognition of diplomas and periods of study


promoting co-operation between educational establishments


developing exchanges of information and experience on issues common to the education systems of the Member States


encouraging the development of youth exchanges and of exchanges of socio-educational instructors


encouraging the devlopment of distance education.


Source: Foster, Nigel(2003), Blackstone's EC Legislation 13th Edition (OUP, Oxford)



In the light of the last of these contentions, that of encouraging the development of distance education, perhaps the government would like to explain to me how subtracting £31m from the budget of the Open University, one of the foremost distance learning establishments in the United Kingdom and indeed, within Europe, would be commensurate with this stated aim of Article 149 of the EU Treaty. I should be very interested in seeing what their explanation is for this one. Unless of course, they dont read the documents of which they are a signatory, which may or may not be the case.



Donald Hedges, Dip Eng Law(Open), BA(Hons)(Solent).

1 comment:

Unknown said...

As someone who taught at Birkbeck College for a number of years you wouldn't be surprised to hear that I am broadly opposed to the proposed government changes in ELQ funding. However the protestations of Birkbeck ring rather hollow when one considers the double standards they apply to their own staff and even the contempt that some have within the organisation for vocational learning.

For those who don't know Birkbeck is split into two parts; the college proper and the School of Life Long Learning (formerly called FCE). Both parts of the college take part-time mature students but it is School of Life Long Learning as the name implies that is really focussed on adult part time learners and particularly those without formal qualifications.

A range of courses are offered at Cert/HE level (basically first year degree level) and some MA courses such as Arts Management.

Staffed almost entirely by sessional lecturers on short-term contracts the School of Life Long Learning is almost a virtual college. Many within Birkbeck "proper" view the School of Life Long Learning as something of a Mickey Mouse part of the college.

No photocopying facilities are provided on the various (hired) sites where staff deliver the courses instead staff must first travel in to the Birkbeck building and, often as not queue to use one of two photocopiers in a basement. Admin staff and management have their own copiers in the same building with signs advising that sessional lecturers must not use them. Sessional lecturers are expected to give students tutorials but no facilities are provided for this and thus meetings have to take place in coffee shops or in Russell Square.

As already mentioned nearly all the staff teaching in the School of Life Long Learning are what is called sessional. In other words they are paid by the hour and hired on a course-by-course basis. Courses may be cancelled with as little as a week's notice and sessionals have no security as Birkbeck has for years resisted the idea of a continuity of service. In other words someone might successfully teach a course for 5 years and on a whim the Programme Manager might choose to appoint someone else to teach the course. The sessional lecturer will have no redress. The contract given to sessional lecturers even denies them the right to call themselves lecturers. The contracts Birkbeck uses are probably not even compliant with EU employment legislation.

So what then of Birkbeck's commitment to career enhancing education? Well to join the ranks of Birkbeck's tenured staff one must first have a PhD. One might have thought that it would be in Birkbeck's interest to train its own staff to such a level but fee waivers are not offered to sessional lecturers no matter how long they have been with the college.

With virtually no rights (not even sick pay) the treatment of Birkbeck's sessional lecturers say a lot about the college's real attitudes to Life long Learning and employment. Perhaps Birkbeck should put its own house in order before lecturing everyone else.