Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 21:

In page 53, between lines 30 and 31, to insert the following:

"Arrangements for suspension or dismissal of staff following order under Part 2

73. (1) Notwithstanding section 6(1), where an order has been made under section 7, 10 or 18 and a process that may result in the suspension or dismissal of a member of staff of a dissolved body has, before the designated day, been commenced but not completed immediately before that day in accordance with procedures made or conditions determined under section 11A of the Act of 1992, the process shall, on or after that day, be continued by the dissolved body under those procedures or conditions, and the dissolved body may suspend or dismiss a member of staff, as if the order had not been made.(2) For the purposes of subsection (1), if procedures or conditions referred to in that subsection provide for the delegation of powers relating to dismissal or suspension to the Director and a process that may result in the suspension or dismissal of a member of staff of a dissolved body involves such delegated powers and is commenced but not completed immediately before the designated day, the process shall notwithstanding section 67, on or after that day, be continued by that Director who may suspend or dismiss a member of staff.".

The Bill provides for a number of situations where an existing institute of technology is dissolved and its staff functions, property and assets are transferred either to another institute of technology or a technological university. This may occur where institutes of technology are merging, where an institute of technology is being dissolved and re-established as a technological university or where an institute of technology is being incorporated into an existing technological university.

The Bill makes specific provision for the transfer of relevant staff, functions, etc., to the new institution, and also sets out a range of transitional arrangements relating to the continuation of superannuation arrangements, the provision of programmes of education and training, the making of awards, quality assurance and enhancement and the international education mark.

The purpose of amendments Nos. 21 and 27 is to set out additional transitional arrangements for any processes relating to the suspension or dismissal of staff that are ongoing in an institute of technology at the time of its dissolution. Amendment No. 21 inserts a new section 73 into the Bill, which provides that where a process which may lead to the suspension or dismissal of a member of staff is ongoing in an institute of technology which is to be dissolved under Part 2, that process shall continue in accordance with the same procedures, as if the institute of technology had not been dissolved. Similarly, amendment No. 27 inserts a new section 87 into the Bill to provide for the continuation of relevant processes in institutes of technology dissolved under Part 3. This ensures that there is legal certainty around the continuation of such processes.

In regard to the amendment to the amendment, amendment No. 21 provides for the continuation of any processes relating to the suspension or dismissal of staff which may be ongoing in an institute of technology at the time of its dissolution, so that those processes can continue. Deputy O'Sullivan's amendment to amendment No. 21 does not relate to such situations, but to the ongoing arrangements which would apply to staff of a technological university and for that reason I cannot support it.