Niall Collins (Limerick County, Fianna Fail) | Oireachtas source

I thank all the Senators for their contributions with regard to this grouping of amendments. Amendment No. 28 seeks to delete the function in section 9(1)(c) to "secure and evidence value for money in the expenditure by An tÚdarás of moneys provided to it under section 19" and replace it with "ensure financial transparency in designated higher education institutions and effective expenditure of An tÚdarás of public monies provided to it.” It should be noted that section 9(1)(m) provides for the function to "assess the performance of funded bodies with regard to securing value for money in the expenditure of funding provided to them by An tÚdarás under this Act". It is important that the functions outlined in 9(1)(c) and 9(1)(m) are retained to ensure that there is value for money in the expenditure by an t-údarás of Exchequer funding provided to it and that there is also value for money in the expenditure by funded bodies of Exchequer funding provided to them. It is considered that the functions outlined in 9(1)(c) and 9(1)(m) provide for the appropriate level of assurance with regard to Exchequer funding. The amendment to section 9(1)(c) is not, therefore, considered appropriate.

There are a number of provisions in the Bill that could be used to ensure that designated institutions of higher education spend Exchequer funding in an ethical, sustainable and transparent manner, including conditions of funding, data collection, reporting provisions and guidelines, codes and policies. The higher education institutions are required to report to the Higher Education Authority, HEA, on the expenditure of the Exchequer funding and the HEA can request additional financial information as required. Therefore, the higher education institutions are already required to be transparent in their use of public money. The Bill provides that funding is provided to institutions in accordance with conditions of funding. One of the conditions of funding could be spending this funding in an ethical and sustainable manner. Section 143 of the Bill provides that the HEA can issue the designated institutions of higher education guidelines, codes and policies and the institutions are required to report to the HEA on the implementation of these guidelines, codes and policies. The Minister can also direct the HEA to issue guidelines, codes and policies to a higher education institution. The provision could be used by the HEA to issue guidelines on the ethical and sustainable use of funding.

Amendments Nos. 29 and 30 propose to include a reference to insert "without prejudice to such other recommendations as may be made by individual designated higher education institutions” in relation to the HEA planning for higher education provision and research and making recommendations to the Minister. There is nothing in the legislation that precludes higher education institutions from making recommendations to the HEA in relation to planning for higher education provision and research. It is noted that section 39 of the Bill, which provides for the HEA to plan for higher education provision and make recommendations to the Minister, includes provisions for consultation with designated higher education institutions.

It is considered that amendment No. 31 is already addressed by section 9(1)(i), which is a general function with regard to research in accordance with national research policy. This sets the research priorities and could include protection of the environment and sustainable development. Section 9(1)(i) provides that the HEA shall "promote, support and fund excellent research in the higher education system in all disciplines in accordance with national research policy and in co-operation, as may be appropriate, with Ministers of the Government, Government agencies and such other bodies as An tÚdarás considers appropriate".

Amendment No. 32 proposes to include a function in the Bill for the Higher Education Authority to respond to recommendations from designated higher education institutions in respect of the overall higher education and research system. The HEA consults with and engages with higher education institutions on specific issues with regard to higher education, for example, funding, planning, performance, framework and performance agreements. Through these processes, the HEA can listen to and respond to recommendations from designated higher education institutions in relation to the higher education and research system. The Minister sets the policy for the overall higher education and research system. Section 33 of the Bill provides that the Minister shall prepare a strategy for the provision of tertiary education. Designated higher education institutions are consulted on the preparation of this strategy. The designated higher education institutions can make recommendations to the Minister through this process in respect of the overall education and research system. It is not, therefore, considered appropriate to include this proposed provision in the Bill.

Amendments Nos. 33 and 34 seek to amend section 9(1)(f) to include reference to the HEA supporting the provision of a range of programmes of higher education and training aimed at meeting the educational and skills needs of society, the environment and the arts. References to the community, local interests and other stakeholders in the Bill are deemed to cover the proposed references to society, the environment and the arts. It is also important to note that this amendment would have the unintended consequence of removing the reference to Irish language, which was included on Committee Stage in the Dáil to strengthen the Irish language provisions in the Bill. It is not, therefore, proposed to accept those amendments either.

As for amendments Nos. 35, 36 and 38, the Bill includes section 9(1)(i), which is a general function in relation to research in accordance with national research policy. This sets the research priorities and could include specific research, if deemed appropriate, as set out in these amendments. These specific provisions are considered too prescriptive for inclusion in this Bill as research policies will change over time and are more appropriately set in research policy strategies. Section 9(1)(i) provides that the HEA shall "promote, support and fund excellent research in the higher education system in all disciplines in accordance with national research policy and in co-operation, as may be appropriate, with Ministers of the Government, Government agencies and such other bodies as An tÚdarás considers appropriate."

Amendment No. 37 proposes to include a provision in the functions with regard to academic freedom. It should be noted that the objects include a provision in relation to academic freedom, which is "to respect the academic freedom of higher education providers and academic staff in those providers".Academic freedom is provided for in section 14 of the Universities Act, section 10 of the Technological Universities Act and section 32 of the Institutes of Technology Act 2006. This Bill does not amend those provisions in relation to academic freedom. Academic freedom is therefore protected by the relevant sectoral legislation and the provisions in the Acts, which means that this amendment including a function for academic freedom is not necessary. We discussed this amendment with the Office of the Parliamentary Counsel and it said that when objects are included in the functions it affects the carefully crafted balance of the Bill. The provisions relating to academic freedom for academic staff in the sectoral legislation provide that they shall not be disadvantaged or have less favourable treatment arising from their opinions.

It is important that this Bill is read in conjunction with the sectoral legislation, namely, the Universities Act. That Act includes an object "to foster a capacity for independent critical thinking amongst its students". The Technological Universities Act includes a function to promote "critical and free enquiry, informed intellectual discourse and public debate within the technological university and in wider society". It is therefore not considered necessary to specifically provide for the academic freedom of students in the Bill. There is no restriction in this Bill or in the sectoral legislation on students expressing their views. Students have a different status from academic staff in an institution. They are not employed by the institution and therefore they cannot be subject to any unfavourable contracts, remuneration or employment-related treatment. There is also provision in the sectoral legislation for independent dispute resolution to resolve any disputes. Students' unions, together with staff associations, are required to be consulted in the preparation of the dispute resolution procedures.

Amendment No. 39 proposes to amend function (n) to read as follows:

support equality, equity, diversity and inclusion in higher education, including the participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education.

It is considered that the full provision as currently worded provides for equity. It provides for the "participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education". This is a standard wording that is recognised within the education sector regarding equality, diversity and inclusion. There is a strong emphasis in the Bill on equality and equity, including the object for the HEA to "advance equality of opportunity, diversity and inclusion in higher education" and the function for the HEA to "support equality, diversity and inclusion in higher education, including the participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education".

Section 46 of the Bill provides that the HEA shall prepare a strategic plan providing for "equity of access to, and participation and the promotion of success in, higher education". This plan will set "goals, objectives, actions, targets and performance indicators for improving equity of access to, participation and the promotion of success in the higher education system by students in priority groups, and persons in those groups seeking to become students, in higher education".A designated institution of higher education is required to have regard to this plan for the purposes of the preparation of a strategic development plan and its equality statement. Higher education institutions are required to have this plan in place and are required to report on its implementation annually.

With regard to amendment No. 40, there is an object and a function relating to equality, diversity and inclusion in higher education. There are specific provisions in place for priority groups, for example with regard to funding and planning. The Bill makes provision for the preparation of an equality statement by designated institutions of higher education, which includes specifying the policy of the institution for enabling access to it and the education it provides for students, priority groups and persons in those groups seeking to become students. The HEA is also required to develop an equity of access, participation and promotion of success plan and designated institutions of higher education are required to have regard to this plan. They are also required to report on the implementation of the plan. There are important provisions in the Bill relating to data collection by the HEA from designated institutions of higher education. Section 49(1) of the Bill provides that the HEA may collect disability data from designated higher education institutions. It is regarded as too specific to include the provision with regard to the UN Convention on the Rights of Persons with Disabilities in this Bill. This reference could change over time and it is important that we respect the autonomy of designated higher institutions of education.

On amendment No. 41, provisions relating to co-operation and collaboration with the higher education sector in Northern Ireland were expanded during Dáil Committee Stage to include the provision of student places and the enrolment of students. Therefore, this amendment is not deemed necessary.

With regard to amendment No. 42, this is a standard wording in the drafting of the legislation and it is necessary for the effective implementation of the Bill by the HEA.