Seanad debates

Tuesday, 20 September 2022

Higher Education Authority Bill 2022: Report Stage (Resumed)

 

2:30 pm

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

Amendment No. 60 proposes that a person may not be appointed as chief executive where he or she has been directly employed by the Government or a Minister thereof within the preceding three years. In short, we feel this is not an appropriate amendment because it would narrow the field of potential suitable candidates for the role of CEO of the HEA.

Amendment No. 61 proposes that a person appointed as chief executive may not hold shares with a value in excess of €30,000. The CEO of the HEA is required to be in compliance with the Ethics in Public Office Act, similar to other public servants. Therefore, we believe the amendment is not appropriate. The CEO provisions are considered to be standard provisions for CEOs.

Amendment No. 69 proposes to provide that the approval of the board would be needed for setting the conditions of funding with which funded bodies must comply. The setting of conditions for funded bodies is considered an appropriate role for the chief executive officer of the HEA. The chief executive officer will be an accountable person, with comparable responsibilities to the Accounting Officer of a Department.Public financial procedures set out the Accounting Officer's responsibilities in the preparation of the appropriation account for which he or she is answerable. They also set out the other main responsibilities, which include: the regularity and propriety of all transactions of the office or Department; that proper financial procedures are followed; that public funds are properly controlled, well managed and safeguarded; and that assets are safeguarded and controlled.

The CEO, as the accountable person, is personally accountable to the Committee of Public Accounts for these responsibilities and not to the board. The code of practice for the governance of State bodies also recognises the different role of the CEO, as accountable person, and the board in respect of these issues. To have the CEO accountable for undertaking his or her financial responsibilities and accountability but without the powers to ensure that he or she can adequately meet those responsibilities would be highly detrimental to good governance and oversight of public funds. Furthermore, the Accounting Office of the Department of Further and Higher Education, Research, Innovation and Science needs to be satisfied that procedures in the agencies are satisfactory. The role of the CEO of the HEA is provided for in the Bill. The CEO can only operate within the framework and in compliance with the Bill.

It is important to note that the proposed legislation states compliance with such other conditions as may be determined by the CEO must be with the approval of the board.

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