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

I move amendment No. 4:

In page 8, between lines 35 and 36, to insert the following:" "pensionable public servant" shall be construed in accordance with Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012;".

This is a technical amendment, the first of a number of related amendments, which inserts a new definition of "pensionable public servant" into section 2 of the Bill. There is no substantive change to the provisions relating to the superannuation of staff of a technological university from those agreed on Committee Stage. However, on the advice of the Office of the Parliamentary Counsel, OPC, this is part of a technical placement of sections of the Bill which splits the provisions to more clearly delineate and clarify the superannuation scheme entitlements between staff already in an institute of technology which becomes part of a technological university in section 51 and any staff newly appointed to a technological university in the future, who are provided for in section 15.

In related amendment No. 22 provision is made that, upon appointment of the technological university, a pensionable public servant shall become and be a member of the education superannuation scheme 2015 or Statutory Instrument No. 290 of 2015. There is no impact on a member of staff in another institute of technology who transfers in due course to a TU. Such a person's superannuation entitlements are protected and the person will carry his or her entitlements with him or her.

Amendment No. 43 is a related technical amendment to delete section 51(2), which is being moved to section 15(1). This is being done to delineate between the superannuation entitlements of pensionable public servants' superannuation newly appointed to a TU as opposed to those of existing staff of an institute of technology which merges upon a successful application for TU designation. This latter category of staff may be members of a relevant superannuation scheme or the single public service pension scheme and shall upon the appointed day establishing the TU continue to be a member of such scheme in accordance with its terms and conditions.

Related amendment No. 44 is a technical drafting amendment recommended by the Office of the Parliamentary Counsel.

Amendment No. 45 is a technical amendment to delete the definition of "pensionable public servants". This definition is now provided for in section 2 on interpretation.

Amendment No. 46 is a technical amendment deleting "(S.I. No. 290 of 2015)". With other amendments this will be referenced earlier in section 15(1) and does not require to be repeated.

Amendment No. 29 is the first of a number of technical amendments relating to provisions regarding borrowing, guaranteeing and underwriting loans by the technological university. The amendment amends section 22 and provides that an údarás shall, rather than may, from time to time with the approval of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance make rules to be complied with by a technological university in respect of any borrowing, guaranteeing or underwriting. This provision will require the údarás or the HEA to make rules rather than leaving this to their discretion. This wording was agreed following consultation with the Department of Public Expenditure and Reform and the Department of Finance. It clarifies the requirement for the HEA to make rules with the consent of relevant Ministers.

Related amendment No. 30 provides for the requirement for a technological university to obtain the prior approval of the HEA, and that such consent is subject in turn to the consent of the Minister, which consent is subject to the prior consent of the Minister for Public Expenditure and Reform and the Minister for Finance, before borrowing, guaranteeing or underwriting. This wording further clarifies the controls on borrowing, guaranteeing or underwriting by a TU. It was agreed following consultation with the Department of Public Expenditure and Reform and the Department of Finance.

Amendment No. 31 is a consequential amendment arising from an additional subsection being inserted into this provision.

Amendment No. 32 inserts a new provision requiring a TU to comply with the provisions of section 67 of the Credit Institutions (Stabilisation) Act 2010, which relates to the prohibition of certain secured borrowings. This is being inserted following further consultation with the Department of Public Expenditure and Reform and the Department of Finance.

In addition, there are a number of other technical drafting amendments. Amendment No. 7 is a technical amendment to reflect that campuses of a TU or campuses of applicant institutes may be located in more than one region. The rewording of the definition was requested by the Teachers' Union of Ireland and I am happy to provide further clarification on this issue.

Amendment No. 25 is a technical drafting amendment merging two subsections into one subsection. It is recommended by the Office of the Parliamentary Counsel.

Amendment No. 39 corrects a typographical error in the Bill.

Amendments Nos. 47 and 50 are technical amendments to amend an erroneous reference in the Bill and to delete "11" and substitute "12".

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