Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 32:

In page 29, to delete lines 33 to 38, and in page 30, to delete lines 1 to 26 and substitute the following:

“30.Notwithstanding the repeal of the Higher Education Authority Act 1971 by section 5(1), a person who was an officer or servant of An tÚdarás appointed under section 14(1)of that Act, immediately before the commencement of section 7 shall be deemed to be a member of the staff of An tÚdarás⁠— (a) as if, on that commencement, An tÚdarás had appointed under section 29(1) the person to be a member of the staff of An tÚdarás for the remaining period (if any) that was left to run for the person to hold office as such officer or servant, as the case may be, immediately before that commencement, and

(b) on the same conditions (including those relating to termination of appointment) as the person held office as such officer or servant, as the case may be, immediately before that commencement, and the other provisions of this Act shall be construed accordingly.”.

These amendments are to provide that if the term of office of all or the majority of members of the governing body or the authority of a university, technological university or institute of technology expires during the transition period provided in the Bill of 12 months to form the new governing body or authority, then the term of office can be extended by the Minister. The extension would be at the request of the governing authority or body with the agreement of the relevant member and will be for no longer than the end of the 12-month transition period for the forming of the new governing body or authority. These amendments are to ensure each governing body or authority has the full one-year transition period in which to reconstitute. There is an additional amendment in relation to the Technological Universities Act to allow governing body members appointed to the first governing body of the technological university to complete their two-year term of office if they wish, even if they are not reappointed to the new governing body under section 12 or 12A. This amendment is necessary to ensure there is no conflict between the Technological Universities Act and the HEA Bill.

I consider this to be very much common sense. If somebody's term is due to expire in advance of a 12-month period that we in the Oireachtas give them to reconstitute, it seems sensible that at that stage their term could be extended to finish that period and therefore comply with the 12-month transition period.

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