Oireachtas Joint and Select Committees

Wednesday, 27 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 move amendment No. 167a:

In page 76, between lines 23 and 24, to insert the following: “Amendment of section 2 of Act of 2018

85.Section 2 of the Act of 2018 is amended by—
(a) the substitution of the following definition for the definition of “applicant technological university”:
“ ‘applicant technological university’—
(a) in Chapter 11 of Part 2, has the meaning assigned to it by section 38,

(b) in Chapter 12 of Part 2, has the meaning assigned to it by section 44A, and

(c) in any other provision of this Act, means a technological university to which paragraph (a) or (b) applies;”,
and
(b) the insertion of the following definitions:
“ ‘applicant higher education provider’ has the meaning assigned to it by section 44A;

‘business and operation’, in relation to a higher education provider includes—
(a) the programmes of education and training, and the programmes of research, provided by it,

(b) any land and any rights, powers and privileges related to or connected with such land owned by it or to which it is entitled,

(c) any property (other than land), including choses-in-action, owned by it or to which it is entitled,

(d) any liabilities incurred by it or other commitments entered into by it, including liabilities with regard to superannuation benefits in respect of members of its staff,

(e) the members of its staff,

(f) its body of students, and

(g) the records and data held by it;
‘higher education provider’ means a person or institution which provides at least one programme of education and training leading to the award of a degree or other qualification which is at least at bachelor degree level and is included within the Framework;”.”.

This is an important series of amendments, and I do not think it is controversial. It will be widely anticipated and welcomed by colleagues. Deputy Conway-Walsh and I have had discussions about this is in the context of the north west. It does two things. First, it seeks to amend the Technological Universities Act to provide that the Minister may, following an application by order, provide that an education institution or part thereof can be incorporated into a technological university. Second, it amends the aforementioned Act to recognise applications for incorporation made on an administrative basis, ahead of the commencement of the provisions I have just outlined. It is expected this will be availed of to facilitate the incorporation of St. Angela's College into Atlantic Technological University.

We are trying to support St. Angela's College, Sligo, joining Atlantic Technological University, ATU. That is, in the first instance, a matter for the governing authority of ATU. I believe it will consider it at its board meeting of 9 May and then follow the procedure set out. There was no legal basis for this to happen in advance of the Bill. I am pleased we are doing that. We are also providing an administrative basis, which is important to ensuring there is no delay. We can move ahead on an administrative basis and, while we are at it, we are future-proofing the legislation in case such a situation should arise in the future.

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