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Seanad: Higher Education Authority Bill 2022: Committee Stage (6 Jul 2022)

Malcolm Byrne: I refer Senator Mullen to Senator Norris's earlier contribution. When the authority was established in 1971, the legislation effectively gave the Minister the power to make the appointments to the authority at the time. In fact there is no provision with specific regard to student representation. Part of the reason I know this is I was education officer with the USI in the year we achieved...

Seanad: Higher Education Authority Bill 2022: Committee Stage (6 Jul 2022)

Malcolm Byrne: It is unusual that a number of Members on the Independent benches, who insist we do not guillotine legislation yet who constantly seem to wish to interrupt when anyone else wishes to speak, are interrupting. It is only a pity, given they are in the consultation process, that they did not engage as extensively as the Minister has done over the past four years. I would like to know, and we...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: There is a misrepresentation around this piece of legislation that it safeguards academic autonomy. This is not a piece of legislation that has anything to do with academic autonomy and there are specific safeguards built into legislation around this. This is to do with questions around governance and financial accountability.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: Yes, we will come to the Comptroller and Auditor General because I want to speak directly to the point raised by Senator Higgins that this gives more power to the HEA. It does. Part of the reason this legislation had to come about was because of incidents at the University of Limerick, UL, where serious questions were being asked about where money was being spent. UL was using the autonomy...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: This issue came extensively before the Committee of Public Accounts, and so on, at the time. I fully respect the academic autonomy of institutions, but we also expect that in respect of the very considerable sums of moneys that are made available to them by the State, that those institutions are accountable for these sums. I am particularly glad, incidentally, that the Minister is also...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: If we are to speak specifically with regard to the authority and this amendment, it should be about its members having sufficient experience to inform the decision-making processes and meet the strategic objectives of the authority, rather than them all being representative.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: We are only on amendment No. 2.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I do not think it is without protest, in fairness.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: It depends on votes.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: Again, I speak in support. As the Minister knows, Senator Craughwell was at the TUI conference. In terms of what the Minister has done with governing bodies, it is about ensuring that the academic and non-academic staff are represented on governing authorities. I find what Senator Higgins said about public policy and giving the Minister more powers kind of unusual. Yet, most of the...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: All I am saying is that the next number of amendments are all going to be dealing with specific areas and, as the Senator knows, I agree with many of them.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I am. Here is the point around this. That is all fine; it is around the principle that if we put them into legislation and they form part of public policy, then there is an expectation that the Minister and an t-údarás will ensure that action is taken on them. If there is not action taken on them by the universities and an t-údarás, what should the Minister do? Should...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I propose that we suspend for ten minutes to allow the Minister to attend.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I propose a ten-minute suspension.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: The next item is due to start at 7.15 p.m. Is it agreed that we keep going until the Institutional Burials Bill is to be taken?

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I will need the Leader-----

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I will check.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I will undertake to speak to the Leader in the meantime.

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I certainly think it should be clear, as does the Minister, that the student voice should be recognised in all cases. That voice should be heard through the democratically elected students' union within the institution and the Union of Students in Ireland, USI, at a national level. As the Minister outlined earlier, it is obviously key within this legislation that there is very specific...

Seanad: Higher Education Authority Bill 2022: Committee Stage (Resumed) (6 Jul 2022)

Malcolm Byrne: I could not get agreement from the Leader on it.

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