Seanad debates

Tuesday, 28 June 2022

Higher Education Authority Bill 2022: Second Stage

 

12:00 pm

Photo of Paul GavanPaul Gavan (Sinn Fein) | Oireachtas source

I thank the Acting Chairperson for allowing me some time. It is good to see the Minister. I will make a short contribution as my colleague, Senator Ó Donnghaile, made a broader one.

I will raise an issue regarding the University of Limerick. As the Minister will know, the Bill was amended on Report Stage last week to allow for the extension of governing authorities that are due to expire. The relevant text can be found in the Bill, as amended by Report Stage amendment No. 98 in the Dáil. It reads:

... where the term of office of all or the majority of the members (including the chairperson) of a governing authority of a university expires by the effluxion of time during the period referred to in subsection (2), the Minister may, at the request of the governing authority of the university and if the members concerned so agree, extend the term of office of those members for such period (that is not longer than the period referred to in subsection (2)) as the Minister may determine to facilitate that governing authority to comply with that subsection.

I understand entirely why amendment No. 98 was made. The period referred to in subsection (2) is 12 months from the date on which the new section 16 provisions will be commenced. The difficulty is the manner in which the provision is currently worded may not assist the University of Limerick. It will end up having to select a governing authority for a very short period with a new governing authority being selected a few months later. In essence, if section 16 is not commenced before the term of the current governing authority expires, which is 30 November, then the provision will be of no use at all to the University of Limerick. This is because the governing authority's term will have already expired by the effluxion of time before the section is commenced.

It is a simple question for the Minister. The preferred scenario is that it would be open to the University of Limerick to make an application for an extension of the governing authority from the date of the Bill's enactment, as opposed to from the date of commencement of the provisions referred to in the amendment. It is an important issue for the University of Limerick. I needed to raise it today.

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