Tuesday, 23 January 2018
Technological Universities Bill 2015: Report Stage (Resumed) and Final Stage
I move amendment No. 54:
In page 77, after line 2, to insert the following:
AMENDMENT OF CERTAIN ENACTMENTS TO PROVIDE FOR INVESTIGATION AND INFORMATION
Amendment of Act of 1940
Investigator and report
93.The Act of 1940 is amended by the insertion of the following section after section 29:"29A.(1) Following consultation with An tÚdarás, the Minister may appoint a person (in this section referred to as an "investigator”) to carry out an investigation into any matter specified in writing by the Minister concerning the performance by the Institute or as the case may be, a Constituent School of its functions.
(2) The Minister shall by notice in writing inform the Council, or, if applicable, the Governing Board of a Constituent School of his or her proposal to appoint an investigator under subsection (1) and the matter to be investigated.
(3) A notice under subsection (2) shall state that the Council or, if applicable, the Governing Board of a Constituent School may make representations to the Minister in relation to the proposed appointment not later than 14 days after the giving of the notice to the governing body.
(4) The Minister shall consider any representations made pursuant to subsection (3) before making an appointment under subsection (1).
(5) An investigator shall be entitled at all reasonable times to enter any premises occupied by the Institute or, if required, a Constituent School and shall be afforded every facility and cooperation, including access to equipment and records as the investigator may require to perform his or her functions under this section, by the following:(a) the Registrar;(6) Each person referred to in paragraphs (a) to (g) of subsection (5) shall comply with a request of the investigator to provide such information and assistance as the investigator may reasonably require for the purposes of the investigation.
(b) a member of the Council;
(c) a member of the Governing Board of a Constituent School;
(d) a Director of a Constituent School;
(e) an employee of the Institute or a Constituent School;
(f) a contractor appointed by the Institute or a Constituent School to perform any function on its behalf and an employee of that contractor;
(g) a consultant or advisor appointed by the Institute or a Constituent School.
(7) As soon as practicable after the investigation, the investigator shall prepare a draft of the report on the investigation that he or she proposes to furnish to the Minister (in this section referred to as the "draft report”).
(8) The investigator shall furnish the draft report to the Minister, An tÚdarás, the Institute and, if applicable a Constituent School and may furnish the draft report, or part of the draft report, to any other person as he or she considers necessary and shall give notice to the Minister, An tÚdarás, the Institute, a Constituent School (where applicable) and such other person, that they may make representations to the investigator concerning the draft report or, as the case may be, part of the draft report, not later than 28 days after it is furnished to them.
(9) As soon as practicable after the expiration of the 28 days referred to in subsection (8) and, having considered any representations made pursuant to that subsection, the investigator may amend the draft report and shall furnish the final report on the investigation to the Minister and An tÚdarás.
(10) In this section "records” means any document, or any other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in a legible form.”.”.