Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Amendment No. 63 is my amendment in this group. It is grouped because this amendment is one I indicated I would make following on from Deputy Ó Ríordáin's representation and advocacy on Committee Stage. My amendment addresses amendment No. 64, if I may put it like that, because it amends section 46 to include provision for the HEA to consult "members of the staff of designated institutions of higher education or the trades unions or staff associations of those members of staff" on the preparation by the HEA of a draft plan for equity of access, participation and promotion of success. On Committee Stage, I gave the Deputy an undertaking we would do this. He has brought forward an amendment to ensure we do so and I have brought forward my own amendment. I believe they achieve the same outcome.

On the rest of the amendments that relate to the student voice, in a different section, which I will not speak to now, there is a substantial change coming which will enhance the student voice in respect of the membership of the governing authorities.

I believe the Deputy is right on that. I had a very impactful meeting with the Union of Students in Ireland and other student representative bodies, which led me to bring forward an amendment to strengthen their voice on the governing authorities. We will get to that in the last grouping, or thereabouts. I see the student voice being strengthened through Report Stage, in that context.

I looked at the Deputy's amendment No. 34, which seeks to ensure students and others are consulted. Having cross-checked the Bill, I believe that a more comprehensive list is included in it. I would worry that if I accepted this amendment, I would actually end up not naming other key stakeholders that are stated later in the Bill. Similarly, amendment No. 41 seeks to provide for consultation with students, designated institutions of higher education and other bodies. I am satisfied that we have covered this in section 35(2) of the Bill. There are a few amendments where I believe we have achieved the same objective in different parts of the Bill.

On the student training piece, amendment No. 60 suggests changing the word "may" to "shall". I looked at this again because I can see what Deputy Conway-Walsh is trying to do. I believe, however, that the flexibility of "may" rather than "shall" actually stands to the students' advantage. I believe that we want to achieve the same thing here. We have said that the institutions must report annually to the HEA on the training processes they have provided in order that it will be very clear to you, to me and to everybody if any institution is not providing the training to students. The word "shall" puts a compellability on the student in relation to training and I do not believe we want to do this. That is my sense of it.

We are satisfied that there is no need for amendment No. 61. Section 43 includes these provisions under the reporting process, under subsections (3)(a), (3)(b) and (3)(c). Amendment No. 121 seeks to include provision for consultation by the HEA with trade unions on the preparation by the HEA of guidelines, codes and policies. There is absolutely no issue with the HEA consulting the trade unions on the preparation of guidelines. It is probably appropriate. Depending on the guidelines, however, there may be some guidelines that are not relevant. It is appropriate that the HEA can consult on what is relevant and, therefore, I cannot accept the amendments.

In summary, I will make the point that we are strengthening the reference in relation to trade unions and staff associations in our amendment No. 63. We are bringing forward amendments later around strengthening the student voice, which I hope will go some way to addressing both Deputies' concerns.

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