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Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: Amendments Nos. 62 to 64, inclusive, contain matters to which the Minister should have regard when developing a strategy for tertiary education. Amendment No. 62 specifies that the Minister will have regard to the United Nations sustainable development goals. It is particularly important to reinforce that in view of the fact that, unfortunately, the definition of "sustainable development"...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: We have a number of amendments to get through. The Minister of State will be aware that my amendments are adding things, but they are not removing anything. They are adding things that are perhaps not being given sufficient emphasis. There are areas in which we are conscious that there has been a history of neglect and there is therefore a requirement that we ensure that our future...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: Is the Acting Chair sure?

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: Sorry, we have spoken to that. In terms of amendments Nos. 62 to 67, inclusive, the issues that we are talking about are around equality and the sustainable development goals. I will not rehash this, but the definition of environmental development and sustainability as it stands in this Bill has no relation to the sustainable development goals. It is a definition from the 1980s and it is...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: Perhaps I did not hear it. I apologise.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I think that the other issue will come up later.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 63: "In page 32, between lines 11 and 12, to insert the following: “(b) section 42 of the Irish Human Rights and Equality Act 2014,”."

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 64: "In page 32, between lines 11 and 12, to insert the following: “(b) the United Nations Convention on the Rights of Persons with Disabilities,”."

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 66: "In page 33, between lines 33 and 34, to insert the following: “(v) the needs of society to address issues of poverty, social and economic inequality, racial inequalities and inequities and gender inequalities and inequities,”."

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: Has the amendment been spoken to?

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I second the amendment.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 69: "In page 38, line 7, after “Officer” to insert “, with the approval of the Board,”."

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 75: In page 43, after line 36, to insert the following: “(h) local authorities and Councillors,”

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 77: In page 47, after line 41, to insert the following: “(7) Prior to a disclosure of personal data being made under this section, a designated higher education institution must carry out a data protection impact assessment.”.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: These amendments relate to good practice in data protection. In her engagement on the Online Safety and Media Regulation Bill 2022, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin, accepted amendments in respect of this matter and recognised the importance of ensuring appropriate data protection impact assessments at different points. It is good...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: There have been partnerships, even involving the Government, with bodies where serious concerns have been raised, for example, relating to DNA processing and so forth. There is a history of some unfortunate partnerships between the State and commercial entities. That is why I brought forward these amendments. The Minister referred to functions, but those functions also provide for various...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: No, given the indication in that regard.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I move amendment No. 78: In page 47, after line 41, to insert the following: “(7) Personal data obtained under this section shall not, in any circumstance, be used for commercial purposes.”.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I echo the point made that there should be no risk that students' unions are not consulted. The Bill clearly outlines a situation where there may be that risk and later we will come to the question of the very strong risk that students' unions may not be represented on the boards of governing authorities. Again, that is an avoidable risk. My colleague, Senator Ruane, has spoken very well...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (20 Sep 2022)

Alice-Mary Higgins: I will speak to this set of amendments. This is one of the aspects of the Bill about which I have the most serious concern. It is probably one of three or four areas that I urge the Minister to address and I ask because this area creates a significant risk of overreach.These amendments relate to a requirement that occurs in multiple sections, that is, the requirement of governing...

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