Sean Barrett (Independent)

I move amendment No. 22:

In page 17, lines 13 to 33, to delete subsections (3) to (5).

Subsection (3), which I am seeking to delete, provides that the chief executive shall not be required to give account before a committee for any matter which has been or may be the subject of proceedings before a court or tribunal in the State. It is almost the negative version of what the Minister of State just said, that the chief executive would appear before Oireachtas committees and be answerable to them as an alternative to the chief executive being appointed by the committee. The Minister of State said that a few minutes ago and I agree with it.

These subsections inhibit the ability of the person to speak. They are extremely strange. This goes back to something the Minister of State and I agreed earlier, that in education there is discussion, dissent and contrary ideas. That is its lifeblood. It is not a branch of the Civil Service. Why can this executive not join in the discussions? Everybody else does. Why is he muzzled? It is very strange. There are provisions in general law that people cannot speak on proceedings that are taking place in the courts, but we have discussions when the verdicts are handed down. The Members of the Oireachtas are currently reading the final Mahon report.

I cannot understand the motivation for this section and why we would choose somebody to take an important role in education and then tell him he is not allowed to talk. I understand there were some health provisions which sought to do the same thing, whereby people who were dissatisfied with the health service would not be allowed to speak out. They were not very desirable either. However, such provisions are particularly undesirable where education is concerned. It is not a body of knowledge that is frozen and passed down by order of the Minister, the QQAAI or anybody else. It is constantly evolving and it evolves better if there is full and frank discussion at all times, with everybody participating. I cannot imagine an education system operating in any other way.

I propose that these muzzles be removed from the chief executive. I am at a loss to figure out why they are there in the first instance. Education must be open and have plenty of discussion, involving Ministers, Senators and others, as well as this chief executive.