Oireachtas Joint and Select Committees

Thursday, 24 March 2022

Select Committee on Education and Skills

Higher Education Authority Bill 2022: Committee Stage

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputies Ó Cathasaigh and Ó Ríordáin for proposing the amendments to this section, which are amendments Nos. 3, 9, 123, and 124. The short answer is I am happy to work with the Deputies between now and Report Stage to see how we can strengthen the legislation in respect of this matter. As is often the case on Committee Stage, we can highlight all of the reasons we cannot do it exactly as it is outlined here. That is a normal part of the back and forth. I will work with the Deputies between now and Report Stage to see how we can try to achieve what the Deputies are endeavouring to do here.

On amendment No. 9, we contend there is already an object in the Bill, as the Deputy has acknowledged, relating to environmental development and sustainability. Under section 8, objects of an t-údarás, subsection (1)(b) provides that an t-údarás should have regard to this object in performing its functions: "to support designated institutions of higher education in contributing to social, economic, cultural (including the promotion and use of the Irish language) and environmental development and sustainability through leadership, innovation and agility". Environmental development and sustainability are stated as part of the objects of the Higher Education Authority, which is important to say. We would want to tease through what amendment No. 9 is doing that the object is not already achieving.

On some of the other amendments, there is a view we should not be overly prescriptive or detailed in primary legislation, because even for things that seem to last such a long time, the world can change so fast and primary legislation does not. Definitions and goals can change from time to time. We believe the reference to sustainable development is deemed sufficient and the provisions outlined in these amendments could be incorporated in these provisions when they are operationalised. For the record, I also note that, under section 126, guidelines codes and policies can be issued to the designated institutions of higher education by the Higher Education Authority. The HEA can issue guidelines codes and policies on sustainable development, including how this would link to lifelong and flexible learning. The legislation is enabling the HEA to do things it has not been able to do before around guidelines, codes of practice and the like. There is no doubt sustainable development is an area in which the HEA needs to be active. I propose to work with Deputies between now and Report Stage.

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