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Seanad: Higher Education Authority Bill 2022: Report Stage (12 Jul 2022)

Malcolm Byrne: Indeed. I referenced effective student representation specifically. The key point is that within this legislation, there is an acknowledgement by the Minister of the role of students. There is a challenge in ensuring we always have independent students' unions. In outlining some of the legal difficulties, I hope the Minister can assuage some of the concerns and fears because it has...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I am concerned about some remarks that Senator Gavan made concerning private institutions. Ireland is unusual in that about 95% of students attend publicly-funded or public institutions, which is different to most other countries. We have one of the highest third level education participation rates in the world, with about 62% of 18-to-20-year age cohort attending. As for the money Senator...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I propose a suspension of the House for 15 minutes.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: My concern relates to the fact that we have a small number of private higher education providers that meet a need within the State. I am a big supporter of the public education system. Senator Gavan seems to suggest that these providers are somehow damaging our education system. They are not; they are supplementing it. The SUSI grant scheme should be extended to those other institutions....

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: On a point of order, a Chathaoirligh-----

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: On a point of order, I do have an issue. We had an agreement that we would not guillotine this legislation and that we would not rush through it. We have been called in here to vote but just so people are aware of what we are voting on. It is not that it is substantive. The vote is on amendment No. 13, which is to delete the words "and environmental development and sustainability" and...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: If Senator Higgins would speak to the amendments-----

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: If the Senator would speak to the amendments rather than calling votes on minor issues-----

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I thank the Cathaoirleach Gníomhach. I want to apologise to Senator Higgins because at no stage did I want to imply that Senator Higgins did not take her role as a legislator particularly seriously. The point I was making, however, concerning this is that there is no guillotine on this discussion but simply because there is no guillotine does not mean that Members should speak at...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: It is important that people speak to the specific amendments that are before them which is part of the point I want to make.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: It is essential to note that this legislation is not guillotined and is being allowed to be continued. That was something the Government agreed to do because there was a request and a perception earlier that this Bill was rushed. It was not a question that it was rushed but it was, quite frankly, that people were speaking too long on the particular amendments. However, it is going to be...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I am happy, a Chathaoirligh Gníomhach, and I ask that at all Stages during this debate that all speakers stick to the amendments that are before them.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: What is at the core of all of these amendments is that they are seeking to try to talk about what this legislation is about. At its core, it is about the governance of our higher education system with regard to the functions of an t-údarás. Yes, while many areas are outlined within the amendments, those are issues which are already dealt with substantively within parts of the...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I hear Senator Ruane interrupting me to speak to the amendments at hand but will she also be happy if I interrupt herself and Senator Higgins when they do not speak to the amendments at hand, which is part of the difficulty?

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I am quite happy to do that then.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I make the point that I have never interrupted any other Senator when they were speaking.

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: The key to a number of these amendments is that they are already covered by significant parts of the legislation and by activity that has already been undertaken by an t-údarás. Many of these amendments are doubling up on areas that are provided for within the legislation and on work that an t-údarás is already doing. As already outlined by me, significant contributions...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: Like other State bodies, An tÚdarás is subject to public procurement rules, which are subject to a transparent process, so this amendment is unnecessary. I know from experience that public procurement rules are quite strict and, in many ways, they can potentially inhibit some actions that one wishes for, because the rules have to be followed strictly. I think this amendment is...

Seanad: Higher Education Authority Bill 2022: Report Stage (Resumed) (12 Jul 2022)

Malcolm Byrne: I want to speak to amendment No. 51, which is a significant amendment in the context of the advocacy role. This is something that I raised and discussed on Committee Stage. It concerns the relationship between the Minister and the Department and the HEA. One of the elements that will be crucial is the memorandum of understanding that will be entered into between the Department and an...

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