Oireachtas Joint and Select Committees

Wednesday, 6 April 2022

Select Committee on Education and Skills

Higher Education Authority Bill 2022: Committee Stage (Resumed)

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

I thank Deputies Ó Ríordáin and Conway-Walsh for the amendments which, as they have said, largely refer to how we define and protect the autonomy and independence of a student union. Deputy Conway-Walsh had a view on the definition of a trade union.

I will deal with the student union piece first. I am supportive of what Deputy Ó Ríordáin is trying to achieve. The only reference to a student union in the body of the Bill is in section 16. The other references to a student union are amendments to the Universities Act, the Technological Universities Act, the Regional Technical Colleges Act and the National College of Art and Design Act. The amendment, if passed, would not change the definition of students in those Acts. It is always frustrating when Ministers give technical reasons as to why an amendment does not work, but we need to reflect on how to achieve what the Deputy wishes to achieve.

I fully accept and want to be clear about the fact that student unions are independent bodies. They are autonomous and established for the purposes of promoting the general interests of and representing students. We all engage on a regular basis with the Union of Students in Ireland, USI, and I want to thank it for that engagement, in particular during the Covid pandemic. I met its representatives and discussed their views on what the Deputy is trying to achieve in the Bill. I will consider this further between now and Report Stage. I may accept the Deputy's amendment at that point or introduce an alternative. I need to flag that there is some legal concern in terms of how we do this correctly and ensure there are no unintended consequences which I know the Deputy does not wish to have.

On amendment No. 6, I also intend to obtain some legal advice on this before Report Stage. I note that the terminology recognising trade union and staff associations is used in other legislation in the education sector without a definition. To be truthful, what we have tried to do is replicate what has been done in other legislation in the education sector. I need to make sure there are no unintended consequences or knock-on effects in terms of definitions and how that transposes across other legislation. I will consider amendment No. 6 further and may bring forward an amendment on Report Stage. If the Deputy wishes, she will have an opportunity to further pursue this.

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