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

Amendments Nos. 43 to 45, inclusive, propose to amend section 10(2). Amendment No. 44 would change "shall comply with" to "may consider", while amendment No 43. states, "An tÚdarás shall comply with any directions concerning the engagement of consultants and advisers which may from time to time be given to it by the Minister, given with the consent of the Minister for Public Expenditure and Reform, and any such engagements shall be subject to an appropriate and transparent process." Section 10(1) states, "An tÚdarás may appoint such consultants and advisers as it considers necessary for the performance of its functions." Section 10(2) relates to guidelines or rules concerning the engagement of consultants and advisers. It could include rules regarding remuneration of consultants, for which functions a consultant may be employed, or issues relating to the procurement of a consultant. There are rules regarding the employment of consultants, which are approved by the Minister for Public Expenditure and Reform. These rules are needed to ensure that Exchequer funding is used appropriately and that an appropriate process is followed. It is, therefore, not considered necessary to include a provision stating, "any such engagements shall be subject to an appropriate and transparent process."

The policy intent of section 10(2) and (3) is that the engagement of consultants would be subject to an appropriate and transparent process in accordance with the directions and guidelines issued by the Minister and the Minister for Public Expenditure and Reform. It is not deemed appropriate to accept amendment No. 44 as it would provide that the Higher Education Authority would not have to comply with any direction of the Minister or the Minister for Public Expenditure and Reform regarding the engagement of consultants and advisers. This would not provide for an appropriate and transparent process.

Amendment No. 45 proposes to delete section 11, which states, "The Minister may give a direction in writing to An tÚdarás for any purpose relating to this Act".