Alice-Mary Higgins (Independent) | Oireachtas source

I may table an amendment on Report Stage in respect of the definition relating to the academic member to address the gender issue Senator Norris highlighted. The Minister's response indicates that we do not necessarily need people with academic experience on the board. An t-údarás is given extraordinary powers. With respect to Senator Malcolm Byrne, the Minister mentioned that there was previously discretion, but this Bill centralises extraordinary powers in an t-údarás. There is a shift. There is a lot less discretion at the level of individual institutions of higher education as a result of this Bill. There are also extraordinary powers given to an t-údarás. In that regard, it is a concern if, effectively, the Minister has full discretion as to who makes up the membership of the board of an túdarás. It is poor practice. The Minister mentioned that the members will have proved themselves; they will not have to have proved themselves to anybody expect the Minister. His or her judgment and opinion are considered the test. We have mechanisms available in this State such as the Public Appointments Service, PAS, whereby we can determine whether people have appropriate skills, but those mechanisms are not being used in this case. To be clear, the provisions under section 16(2) are filled with the word "or" such that the experience and expertise may be related to any one of a number of areas. For example, it could well be that all the members have experience of management or public administration and none has experience of academic matters, and the core function of an t-údarás relates to academic institutions. It is an incredibly important and a specific role. I point to best practice even in other legislation, or certainly improving practice in other legislation. For example, in the case of climate legislation, in the appointments to the Climate Change Advisory Council there was learning from the fact that undue discretion was not sufficient. Because the previous council had quite an unbalanced number of economists and lacked academic and scientific expertise, provision was made in the new climate legislation to require a balance on it between the sets of skills set out. In the legislation as set out in section 16(2) and, indeed, in the Minister's reply, we have not had any indication or guarantee that there will be academic representation on the board of an t-údarás. That is the current stance and it is a matter of significant concern.