Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputy Ó Cathasaigh for submitting the amendments, outlining his rationale and engaging with my officials on the matter. For the record of the committee, I will state the factual position as of now in the legislation. It is noted that conditions of funding apply when Exchequer funding is provided to a funded body. As the Deputy has alluded to, there are not conditions relating to private funding sources, but he is arguing for the need for transparency around it, or at least more transparency in that regard.

Having looked at the matter, there are two areas in this Bill that are relevant to trying to achieve some of what the Deputy is trying to achieve. Section 48 provides that: "A designated institution of higher education" or a funded body shall furnish to the HEA any non-personal data requested by the HEA, "in the format so requested". This data may include financial data. What we are doing in this legislation is enabling the HEA to request any data once they are not personal data - we all understand the reason for that - and the ability of the HEA to request it in a certain format, and being very clear that the provision does include financial data being provided to the HEA. We believe that the enabling ability to do this is already provided for and that there is an ability through this legislation for the provision of data on private funding streams to be sought and secured by the HEA.

I also note the second change. I am not sure we have discussed enough in regard to this legislation that under section 126 the HEA may "issue guidelines, codes or policies to designated institutions of higher education". Again, it would be entirely appropriate that a guideline, code or policy could include the issue the Deputy is seeking on private funding streams.

It is important to give my clear view on the matter. While colleges and universities in the sector have every right to seek private funding - some of that can be very good in terms of relationships and collaboration and we all agree with that - the duty in regard to being more transparent is important. It is important not just for reasons of transparency but for the reputation of an institution. I am aware that the joint Oireachtas committee has considered issues concerning human rights, for example, so I am entirely in agreement with Deputy Ó Cathasaigh on the need for transparency. The idea of ethical frameworks, guidance and codes of practice is entirely where we need to be. Where I am not necessarily disagreeing, but where I intend to reflect further between now and Report Stage, is whether we need to be more prescriptive in legislation or whether we have achieved what we are seeking to achieve in sections 48 and 126.