Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

This is the first of a number of technical amendments relating to investigator powers. The amendment specifically provides for the inclusion in the Long Title of the Bill of a reference providing for the investigation into the performance of functions regarding institutes of technology, including the Dublin Institute of Technology.

This provision is comprehended in the function and governance of technological universities, TUs, as referenced in the Long Title of the Bill. Amendment No. 2 is another technical amendment, providing for the inclusion in the Long Title of a reference providing for the investigation into the performance of its functions in respect of the Dublin Institute for Advanced Studies and its three constituent schools of Celtic studies, cosmic physics and theoretical physics, and the National College of Art and Design. Amendment No. 3 is a further technical amendment providing for the inclusion of references to the Acts governing the Dublin Institute for Advanced Studies and its three constituent schools and the National College of Art of Design. The Institute for Advanced Studies Act 1940 and the National College of Art of Design Act 1971 are being amended to provide for the power of the Minister to appoint an investigator into any matter specified concerning the performance of the functions of those institutions.

Amendment No. 33 arises as a consequences of issues highlighted at the Committee of Public Accounts, which required reports and subsequent reviews, concerning the operation of several higher education institutions. The committee's deliberations highlighted the necessity for more flexible investigative powers to be provided to the Minister for Education and Skills to deal with such matters. This provision will enable any matter or concern relating to a technological university to be investigated and a draft report to be prepared by the investigator. The report will be provided to the Minister, the Higher Education Authority and the governing body of the TU, as well as any person the investigator deems it necessary should receive the report or part of the report. Having considered any representations made within a 28-day period, the investigator will finalise his or her report and furnish it to the Minister and the Higher Education Authority as soon as practicable thereafter. The provision requires the co-operation of both leadership and staff, as well as contractors, consultants and advisers, with the investigator. Specifically, the investigator shall be entitled at all reasonable times to enter a TU, institute of technology or other referenced publicly funded higher education institution on any matters regarding the performance of its functions and shall be afforded every facility by that body, including access to all records concerning the performance of its function.

Amendment No. 34 provides that the governing body of a technological university shall furnish to the Minister any information requested by the latter concerning the performance by the institution of its functions. The Minister may provide any such information furnished to him or her to an investigator. However, the Minister shall not be permitted to request information from a TU in regard to the specific matter being investigated during the period of the investigation, up to and including the furnishing of the final report by the investigator to the Minister.

In order to provide consistency in respect of the various referenced institutions, a number of amendments which mirror amendment No. 34 are required. Amendment No. 48 proposes to replace section 15 of the Dublin Institute of Technology Act 1992 to provide the same power to the Minister to appoint an investigator to examine the performance of its functions by the DIT. Amendment No. 51, in the same vein, amends the Regional Technological Colleges Act 1992 to facilitate the same investigatory function in respect of the institutes of technology. Again, provision is made, in amendments Nos. 49 and 52, such that the Minister shall not request information during the period beginning on the appointment of the investigator and ending with the furnishing of the final report.

The power to appoint an investigator is likewise extended to include the Dublin Institute for Advanced Studies and its constituent schools of Celtic studies, cosmic physics and theoretical physics. This is done by way of amendment No. 54, which inserts a new section 29A into the Institute for Advanced Studies Act 1940. Amendment No. 55 specifies that the Minister may provide information furnished to him or her by the Dublin Institute for Advanced Studies and its constituent schools to an investigator. However, the amendment stipulates that the Minister shall not request information during the period beginning on the appointment of the investigator and ending with the final report.

Finally, amendment No. 56 extends the power to appoint an investigator to the National College of Art and Design by way of the insertion of a new section 15A into the National College of Art and Design Act 1971. Amendment No. 57 extends the power to the Minister to provide information furnished to him or her by the National College of Art and Design to an investigator. Again, the amendment stipulates that the Minister shall not request information during the period beginning on the appointment of the investigator and ending with the delivery of the final report.

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