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Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: It is in process and there has been no decision or outcome yet.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: No, the HEA stated it only became aware-----

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: The Minister has powers to commission various investigations and the HEA has not with respect to universities. The process for the Kildare and Wicklow Education and Training Board, ETB, was commissioned by the Minister.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Would the Minister have had the authority to commission the investigation in Waterford?

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: I am not asking you to get into it.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Okay. The HEA commissioned a report and issues have yet to be resolved. That is fine and the matter is parked until we get there. The Minister has separate powers to commission an investigation if he or she believes statutory requirements to do it have been met, as was done in the case of the Wicklow and Kildare ETB.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Yes, he did it with the previous case in Waterford. In other words, power rests with the Minister. In parallel, the Minister for Health could commission HIQA to do a report on a hospital if he or she so chose. What power does the Minister have to commission an investigation? I know the HEA might be constricted with its legal powers but perhaps whoever drafted the legislation did it to...

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Mr. Beausang can see now why I was asking the question.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: I am sorry for interrupting but Mr. Beausang is going into an important area. Will he send us a note?

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Yes, a note on the powers of the Minister and the different types of investigations based on the circumstances-----

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: I am coming out of it.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: The respective powers.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: That is fine. It is only information and it is not about this particular case. It is just in a general sense. Something could happen in some other county or in some other institution tomorrow-----

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: We will wait until we get a fuller picture and more information on the powers of the Minister compared with the power of others. A review of legislation is being done at the moment. It is under consideration and there has been no decision. What stage is that review at?

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Will Mr. Beausang give us the timeline? All I can say is that passed me by. When was that?

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Will there then be pre-legislative scrutiny?

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: We are then talking about 2019, if all goes well.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: That is next year's work. In respect of the public consultation-----

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Was there anything in that process? I presume the results are on the website of the Department of Education and Skills.

Public Accounts Committee: HEA Financial Statements 2017 (18 Oct 2018)

Seán Fleming: Was there anything in that public consultation regarding the issue we are talking about now?

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