Seanad debates

Tuesday, 28 June 2022

Higher Education Authority Bill 2022: Second Stage

 

12:00 pm

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

Alas. What a pity.

May I point out to the previous delightful speaker that Trinity is the highest ranked university on this island? We were proud that at one point it was ranked 50th or thereabouts globally. Given that there are universities like Oxford, Cambridge, Dartmouth, Yale and Harvard, that was a wonderful position for a small island like this to be in.

In terms of diversity, this situation looks to be an exact parallel with the great fight by the great dean of St. Patrick's Cathedral, Jonathan Swift, to maintain the independence of the speaking voice, and the intellectual and academic freedom of, the dean of St. Patrick's Cathedral in defiance of the authorities at the time.

The Minister is perfectly right to make the point that all of the universities are in receipt of substantial funds from the Exchequer. For this reason, they should of course be accountable. However, the Minister is taking unto himself very considerable powers. I will give two examples. According to the explanatory memorandum on Chapter 2:

Section 11 - Power of Minister to give directions to An tÚdarásprovides that the Minister may give a direction in writing to An tÚdarás requiring it to comply with any matter referred to in this Act including having regard to any other enactment or the implementation of any policy or objective of the Minister or the Government. It provides that An tÚdarás shall comply with any such direction and shall inform the Minister of the measures taken to comply with that direction. It also provides that the Minister may amend or revoke any such direction in writing.

In Chapter 3, section 16 deals with membership of the board of An tÚdarás and provides that the board will have 12 members - a chairperson and 11 ordinary members - and that all appointments will be made by the Minister. According to the explanatory memorandum:

[Section 16] provides that the board shall consist of persons who, in the opinion of the Minister, have sufficient experience and expertise in certain competencies. It also provides that not less than 1 of the members shall be a student or a full-time officer of a national student union, nominated by the national student union.

In Chapter 2 on the provision of funding by An tÚdarás, section 37(1)(c) - "a person who, or a body which, provides support services for higher education" - needs greater clarification. It is vague, so I would be grateful if the Minister provided a more detailed opinion on this matter.

It is lamentable that there should be such a grotesque grammatical lapse in the explanatory memorandum regarding section 75, which reads: "Section 75 – Provisions relating to Trinity College, Dublinprovides that the governing authority of Trinity College Dublin shall comprise of 17 members". You do not "comprise of". You either "comprise" or you are "comprised of". I would like people to note that.

There is confusion over the repeal of section 19 on visitors. This section provides that the Government can appoint a visitor to a university. I originally believed this to be an interference with Trinity's right to nominate the visitor. The visitor is someone to whom students or staff can make an appeal directly. In my time, it was a great man, the late Mr. Justice Theodore Conyngham Kingsmill Moore. I do not believe that anyone else in the House will remember who he was.

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