Seanad debates

Tuesday, 12 July 2022

Higher Education Authority Bill 2022: Report Stage (Resumed)

 

10:00 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I worry that there is a perception of equivalence. We do not operate a winner-takes-all type of politics in Ireland. It is the case that State agencies have their own mandate, which may span across a number of periods of government. Similarly, in the context of the relationship between the Executive and the Legislature, when we are giving powers to the Minister, especially powers around making policies and ideas, it is important to clearly specify which powers are being provided for. The Minister may have policies, but usually the way those policies would be put into effect is either through legislation or through regulation, with the regulation being something that the Oireachtas empowers the Minister to do. The concern is that this is quite widely framed. For example, subsection 11(b) provides for "the implementation of any policy or objective of the Minister or the Government." Again, my concern is not so much the previous line which relates to any enactment, but the fact of "any policy or objective". This is just slightly widely framed. I noticed that the memorandum of understanding, MOU, is referenced, but the caveat in relation to the MOU is not there in the legislation. It is not a reference to any policy or objective of the Minister or the Government that may be drawn in line with the memorandum of understanding. That reference is not there. This is why it is a little bit too widely framed and why I am concerned.

I accept the Minister's bona fides on some of the other areas. I understand the non-compliance point.I had put forward a compromise amendment on that because I feel that a very wide comply or explain provision might be too wide. I sought a compromise between the Minister's position and the Irish Universities Association position. My amendment is effectively a halfway point. I believe this represents a good and constructive compromise.

I accept the point about the an t-údarás consultation already widely provided for. I note, however, that we will come to further amendments on trade union representation, which I may need to press further on the next Stage. That covers my amendments within this grouping.

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