Ms Tanya Kenny:

I thank the Chair. The vision for the higher education system is that it provides high quality education, which is innovative and adaptive to the needs of the learner, advances equality, diversity and inclusion, strengthens engagement with the wider education system and wider society, creates knowledge and maximises the contribution of higher education to social, economic and cultural development.

The new legislation will provide a detailed and modernised framework to achieve this vision and safeguard the reputation of the Irish higher education system aligned with best international practice. There is no doubt that the HEA legislation needs to be reformed. The HEA's responsibilities have evolved from a small number of universities in 1971 to an expanded number of universities, new technological universities and institutes of technology. There is also a substantial number of not-for-profit and private institutions catering for students.

The overall aim of the proposed legislation is to provide a high quality, student-focused system with appropriate oversight and accountability to underpin the confidence of stakeholders, students and the public. The Irish higher education system is based on strong, autonomous institutions. We recognise the importance, the excellence and diversity of education and research which results. We have no desire to change this. However, institutions need to be accountable for Government funding.

The HEA is responsible for allocating a significant amount of recurrent funding to higher education institutions. The planned legislative approach is that of a co-regulation model. This model provides for a robust system of internal governance for institutions, balanced with a strengthened oversight role of the sector by the HEA. To secure strong internal governance, governing bodies should be of a size to allow for effective oversight. Membership should be predominantly competency-based with a strong external component to provide genuine accountability. These governing bodies will include staff and student representatives.

The legislation will also put in place effective consultation structures within institutions and the higher education system to maintain a strong voice for stakeholders. There are very strong legislative provisions for the academic freedom of institutions and for academic staff in the existing sectoral legislation. There will be no change to these existing legislative provisions.

The legislative approach will set out to achieve clarity of roles for the Minister for Further and Higher Education, Research, Innovation and Science, the Department of Further and Higher Education, Research, Innovation and Science, the HEA, SOLAS and Quality and Qualifications Ireland. The legislation will also include important provisions for engagement with students, equity of access and participation, lifelong learning and data collection and sharing.

A comprehensive consultation process has been undertaken with the sector since 2018, with ongoing engagement with key stakeholders. As part of this consultation, the HEA and QQI have worked with Department officials on developing the general scheme through the establishment of a working group. This was key to ensuring that the legislation reflected the appropriate interaction of these agencies with each other and with the Department.

The constructive, co-operative approach by key stakeholders has been very helpful and is much appreciated. Furthermore the close collaboration between all stakeholders, institutions, public bodies' staff and student representatives in responding to Covid-19 has been exemplary in seeking to ensure the continuity and quality of teaching and learning, and in the planning for a return to onsite education. The Department's objective is education. There will be continued engagement with stakeholders throughout the development of this legislation and we look forward to its successful implementation.

This is a priority for the Minister and, therefore, we will be seeking to bring the Bill before Government in the next term. We have followed closely the pre-legislative scrutiny process and look forward to considering the views of the committee as part of this drafting process.