Dáil debates
Wednesday, 27 January 2016
Technological Universities Bill 2015: Report Stage (Resumed)
10:45 am
Michael Kitt (Galway East, Fianna Fail)
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Deputy O'Brien was in possession, making his second contribution. This amendment is also in the name of Deputies Paul Murphy, Coppinger and Higgins.
Jonathan O'Brien (Cork North Central, Sinn Fein)
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We are on the grouping of amendments Nos. 11 to 17, inclusive.
Michael Kitt (Galway East, Fianna Fail)
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We are taking amendments Nos. 11 to 17, inclusive, together.
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I outlined most of it last night. This relates to the proposed mergers contained the Bill. I outlined some of the issues around the Cork and Tralee multi-campus proposal and the difficulties with the trade unions not being consulted in any constructive way. Those are the reasons for the amendments. I will await the Minister's reply before coming in again.
Maureen O'Sullivan (Dublin Central, Independent)
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I am speaking to amendments Nos. 13 to 16, inclusive, in particular, where mergers can go ahead without the agreement of the staff trade unions. We were discussing this last night.
If there is reform in any sector, the staff are vital and must be on board for anything to succeed. One can see, even with the junior certificate reform, the need for engagement of the staff and the staff to buy into it.
Last night the disconnect between the Minister's conviction that this would be good for the colleges and staff and the concerns that the staff have being bringing both to us - I met some of the staff last night outside - and through their trade union came across. I will not go back through the history of trade unions in the country, but the Minister will be aware of the work of trade unions in representing and in looking out for the best interests of their members.
How are the staff involved in the merger unless through their trade unions? It is the trade unions which are really pursuing the issues that the staff see as vital. I do not see that as giving a veto to the unions. It is about giving a voice to the members of those trade unions.
I cannot stress enough it is the staff in the institutes of technology who will be key to this going ahead and being successful. Many of the staff have been there for years. It is regrettable that the Minister is not considering that those wishes can be taken on board before a merger happens because, as it stands, a merger can be imposed without an agreement from the staff.
Charlie McConalogue (Donegal North East, Fianna Fail)
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For it to be successful, it is crucial that the staff are fully on board. In particular, amendments Nos. 13 and 16 require it. That is explicit. They state that the Bill requires that such be the case. Since the Minister states it is her intention, I see no reason why should she should not ensure that it is also included in the legislation. I urge her to accept these two amendments.
Jan O'Sullivan (Limerick City, Labour)
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The problem with this in the wording the Deputies propose is that the terms must be agreed with the staff trade union and that is, in effect, a veto.
Deputy Maureen O'Sullivan referred to the junior cycle reform. We are in a position where one of the trade unions has voted in favour, another has not, and the representatives of parents and of management bodies etc. want us to go ahead with junior cycle reform. We are going ahead with junior cycle reform. In my opinion, one cannot let one of the partners hold something back.
I agree with the Deputies that we need full consultation and that is why we have repeatedly stated to the institutes that they must engage meaningfully with those who work in them, the academic and other staff. However, saying that it must be agreed with the trade union before it can go ahead is giving the trade union a veto and is not something that would be done. There must be normal negotiations. The union represents its members, but it is giving a veto to state a merger cannot go ahead unless the union has agreed.
What we want is meaningful consultation. As I said, staff have been released in order to engage in that consultation. We will continue to impress upon the institutes that they must properly consult and take on board the concerns of their members. Indeed, as I said, as recently as Monday evening last I met the TUI's representatives in Cork. We want to listen to its views, and I have taken some of them on board in terms of the amendments. Probably, more properly, I have taken on board the issues that the Deputies have raised on their behalf. However, stating that the merger cannot go ahead without their agreement is taking the normal relationships with a trade union to an extent that would not be proper to put in the primary legislation.
Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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The teachers are to a very large extent the institutes. They are the staff who deliver the education. They are deeply concerned and I am utterly convinced by their concerns that this is being rushed for political reasons without proper consultation with them.
Next week the TUI is out on strike again because the institutes have been savaged. Although I do not have the figures in front of me, if I am correct they have lost 34% of their funding. There has been a very significant increase in the number of students while funding has been cut. One can imagine, against that background, they are fairly sceptical about what on the face of it looks like something with which candidates can go back to their constituencies stating, "We are giving you a university." They know this is nonsense when their funding has been slashed, when the numbers have gone through the roof without additional staff resources and they fear that the institutes of technology could be seriously undermined and that the diversity of course offerings on a regional basis will be lost as mergers go ahead and institutes are subsumed into one another. What is special and unique and has been so successful about the institutes of technology will be lost. We should take their concerns seriously. It is entirely fair to state that this should not go ahead without the agreement of the teaching staff because without them one has nothing. Their concerns are legitimate.
At this stage, the teaching staff's hope is that the Government will not sign off on this before the dissolution of the Dáil so there can be proper discussion and debate in the new Dáil. The Government should listen to that appeal and accept it so we can have a proper discussion on the concerns of the teachers on this.
While the teachers are not against the idea of technological universities, as the Minister knows, they are very concerned about the context in which it is happening and they would like to be assured that it is not just about more cuts, rationalisation and even a push towards privatisation under the guise of upgrading and reform.
10:55 am
Charlie McConalogue (Donegal North East, Fianna Fail)
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The Minister referred to junior certificate reform. Some of the lessons from junior certificate reform should inform the legislation, the amendments we are proposing and the Minister's approach to them. The Minister said one of the unions had accepted junior certificate reform while the other had not. The failure to deliver effective reform dates back to the Government's approach and the Minister's predecessor, Deputy Ruairí Quinn, who, without consulting the unions, unilaterally announced his intention as to how it was going to operate. His intention was to abolish the junior certificate as a State exam marked by independent examiners. This approach led to the Government's failure on junior certificate reform, with only one union on-side.
Proper engagement with staff representatives from the outset can ensure a much more successful outcome overall. Last night, the TUI protested outside, and there will be industrial action next week. There is a very definite opinion on the part of staff that there has not been appropriate engagement and consultation. Putting it in the legislation would ensure there is a requirement to have everybody on board and could ensure a much more successful outcome to the technological university process compared with the junior certificate reform process, which the Government has handled over the past three or four years.
Jonathan O'Brien (Cork North Central, Sinn Fein)
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Now that I have caught my breath, I will go through my points. I raised most of them last night and we had a discussion about the concerns of the TUI and staff members. The Minister said it was not credible to give any one stakeholder a veto. However, the Government has given vetoes to other stakeholders in other Bills, and last night I pointed out the veto we have given to banks on personal insolvency.
Last night, the Minister said the purpose of technological universities was to allow them to operate on a greater scale and capacity and compete at an international level. However, during the past seven years, €190 million has been taken out of the sector, lecturer numbers have decreased by nearly 10% and student numbers have increased by 35%, which equates to more than 21,000 extra students. The Minister cannot blame those who are being asked to do more with less resources for questioning whether the process is a case of rationalisation.
Last night the Minister said this was not a rebranding exercise. If this is the case, she must commit the resources. Later on Report Stage, we will discuss giving technological universities the power to set their own fees. It is estimated that it will cost approximately €45 million to €50 million. All the documentation I have seen talks about having to find this money in efficiencies. We all know that "efficiencies" means cuts. The Minister must take on board the fact that mergers cannot happen unless all of the stakeholders are in agreement. If she pushes ahead with this section, which states that mergers can take place without the consent and agreement of trade unions, she is heading for industrial action and a flawed process.
While the Minister said she would not guillotine the Bill, we are up against the clock in terms of when the Dáil will be dissolved, whether it is this week or next week. If the legislation is not passed before the Dáil is dissolved, there will be a breathing space and an opportunity for further consultation. The Minister can stand up as many times as she wants in this Chamber and say she has asked for constructive engagement with the trade unions on consultation, but it is not happening on the ground. Constructive consultation is not happening, and that is why trade unions are at their wits' end. They want what is best for the students, and they have been asked to deliver it with decreasing resources. Their voice is critical.
I ask the Minister to re-examine this. It is not a veto, only an amendment to ensure all stakeholders are in agreement before they move to technological university status. If anything less than this happens, the process will be undermined.
Tá
- Richard Boyd Barrett
- John Browne
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Pearse Doherty
- Timmy Dooley
- Michael Fitzmaurice
- Tom Fleming
- John Halligan
- Séamus Healy
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Sandra McLellan
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Thomas Pringle
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Jimmy Deenihan
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Dominic Hannigan
- Noel Harrington
- Tom Hayes
- Martin Heydon
- Brendan Howlin
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- Ruairi Quinn
- Pat Rabbitte
- James Reilly
- Michael Ring
- Brendan Ryan
- Emmet Stagg
- David Stanton
- Liam Twomey
11:05 am
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I move amendment No. 12:
In page 13, to delete lines 32 and 33 and substitute the following:“7. (1) The Minister shall, by order, appoint a day (in this Chapter referred to as the “dissolution day”) for the purposes of subsection (2) which shall be made following application from the governing bodies and presidents of each of the constituent colleges and said application shall include a statement that the terms of the merger have been agreed with the staff trade unions.”.
Tá
- Richard Boyd Barrett
- John Browne
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Stephen Donnelly
- Timmy Dooley
- Michael Fitzmaurice
- Tom Fleming
- John Halligan
- Séamus Healy
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Sandra McLellan
- Peter Mathews
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Thomas Pringle
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Jimmy Deenihan
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Tom Hayes
- Martin Heydon
- Brendan Howlin
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- James Reilly
- Michael Ring
- Brendan Ryan
- Emmet Stagg
- David Stanton
- Liam Twomey
- Alex White
11:10 am
Charlie McConalogue (Donegal North East, Fianna Fail)
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I move amendment No. 13:
In page 13, line 33, after “subsection (2)” to insert the following:“, which order shall be made following application from the governing bodies and presidents of each of the constituent colleges and said application shall include a statement that the terms of the merger have been agreed with the staff trade unions”.
Tá
- Richard Boyd Barrett
- John Browne
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Stephen Donnelly
- Timmy Dooley
- Michael Fitzmaurice
- Tom Fleming
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Sandra McLellan
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Thomas Pringle
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Pat Breen
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Simon Harris
- Tom Hayes
- Martin Heydon
- Brendan Howlin
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- Ruairi Quinn
- James Reilly
- Michael Ring
- Brendan Ryan
- Emmet Stagg
- David Stanton
- Liam Twomey
- Alex White
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I move amendment No. 14:
In page 14, to delete lines 1 to 9.
Tá
- Richard Boyd Barrett
- John Browne
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Timmy Dooley
- Michael Fitzmaurice
- Noel Grealish
- John Halligan
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Michael McGrath
- Sandra McLellan
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Shane Ross
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Pat Breen
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Jimmy Deenihan
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Simon Harris
- Tom Hayes
- Martin Heydon
- Brendan Howlin
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- James Reilly
- Michael Ring
- Brendan Ryan
- Emmet Stagg
- David Stanton
- Joanna Tuffy
- Liam Twomey
- Alex White
11:20 am
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I move amendment No. 15:
In page 14, to delete lines 18 to 26.
Tá
- Bobby Aylward
- Richard Boyd Barrett
- John Browne
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Timmy Dooley
- Michael Fitzmaurice
- Noel Grealish
- John Halligan
- Séamus Healy
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Michael McGrath
- Sandra McLellan
- Micheál Martin
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Shane Ross
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Pat Breen
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Jimmy Deenihan
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Simon Harris
- Tom Hayes
- Martin Heydon
- Brendan Howlin
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- James Reilly
- Michael Ring
- Brendan Ryan
- Arthur Spring
- Emmet Stagg
- David Stanton
- Joanna Tuffy
- Liam Twomey
- Alex White
11:25 am
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I move amendment No. 16:
In page 14, line 20, after “subsection (2)” to insert the following:“, which order shall be made following application from the governing bodies and presidents of each of the constituent colleges and said application shall include a statement that the terms of the merger have been agreed with the staff trade unions”.
Tá
- Bobby Aylward
- Richard Boyd Barrett
- John Browne
- Niall Collins
- Michael Colreavy
- Barry Cowen
- Clare Daly
- Timmy Dooley
- Michael Fitzmaurice
- Noel Grealish
- John Halligan
- Séamus Healy
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Michael McGrath
- John McGuinness
- Sandra McLellan
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Seán Ó Fearghaíl
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Shane Ross
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Pat Breen
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Paudie Coffey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Simon Harris
- Tom Hayes
- Martin Heydon
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- James Reilly
- Michael Ring
- Brendan Ryan
- Arthur Spring
- Emmet Stagg
- David Stanton
- Joanna Tuffy
- Liam Twomey
- Alex White
Jonathan O'Brien (Cork North Central, Sinn Fein)
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I move amendment No. 17:
In page 14, to delete lines 27 to 34.
Tá
- Gerry Adams
- Bobby Aylward
- Richard Boyd Barrett
- John Browne
- Niall Collins
- Barry Cowen
- Timmy Dooley
- Michael Fitzmaurice
- Tom Fleming
- Noel Grealish
- John Halligan
- Séamus Healy
- Michael Healy-Rae
- Billy Kelleher
- Charlie McConalogue
- Finian McGrath
- Michael McGrath
- John McGuinness
- Sandra McLellan
- Micheál Martin
- Peter Mathews
- Michael Moynihan
- Catherine Murphy
- Denis Naughten
- Caoimhghín Ó Caoláin
- Éamon Ó Cuív
- Seán Ó Fearghaíl
- Aengus Ó Snodaigh
- Jonathan O'Brien
- Maureen O'Sullivan
- Shane Ross
- Róisín Shortall
- Mick Wallace
Níl
- Tom Barry
- Pat Breen
- Richard Bruton
- Jerry Buttimer
- Catherine Byrne
- Eric Byrne
- Ciarán Cannon
- Joe Carey
- Paudie Coffey
- Áine Collins
- Michael Conaghan
- Marcella Corcoran Kennedy
- Joe Costello
- Michael Creed
- Jim Daly
- Jimmy Deenihan
- Regina Doherty
- Paschal Donohoe
- Robert Dowds
- Bernard Durkan
- Alan Farrell
- Frank Feighan
- Frances Fitzgerald
- Dominic Hannigan
- Simon Harris
- Martin Heydon
- Heather Humphreys
- Kevin Humphreys
- Derek Keating
- Paul Kehoe
- Enda Kenny
- Seán Kenny
- Kathleen Lynch
- Michael McCarthy
- Helen McEntee
- Dinny McGinley
- Michael McNamara
- Michelle Mulherin
- Eoghan Murphy
- Dan Neville
- Kieran O'Donnell
- Patrick O'Donovan
- John O'Mahony
- Joe O'Reilly
- Jan O'Sullivan
- John Paul Phelan
- Michael Ring
- Brendan Ryan
- Arthur Spring
- Emmet Stagg
- David Stanton
- Joanna Tuffy
- Liam Twomey
- Alex White