Alice-Mary Higgins (Independent) | Oireachtas source

Section 38(2) contains the phrase "as may be determined, with the approval of the Board". However, my amendment is to section 38(1). Section 38(2) contains the term "may include", but it is not exclusionary. There is provision under section 38(1), which I propose to amend, for the chief executive to specify other conditions in writing. That is the concern. I know of the role of the Accounting Officer. I will not dwell on it excessively now because it becomes even clearer in other sections of the Bill where we have the risk of conditions which may go beyond financial matters. Section 38(1) allows for that. There is a condition. We are not simply talking about the good management of finances. Given the very wide remit and the very wide areas covered in guidelines, codes and policies, there is a real concern that we will have conditions which could impact policy matters of a university or indeed the direction of university. That is where the concern comes. That is where having that check and balance is appropriate.

It is sad that in the past certain people who were the heads of institutions and who had key funding responsibilities in the research area were also functioning as Government advisers. These are concerns that arise. There are examples. I will not name any examples in this context. Concerns regarding close connections have been identified in the context of boards. There is an onus to make these separations very clear.

I referred to people being directly employed by the Government or a Minister. That does not necessarily mean anybody who is controlled by a Department or public body; it means those who are employed by the Government or a Minister. The Government and the entire apparatus of the State are separate. This is sometimes forgotten or the lines may be blurred, but they are quite different. I am concerned about the connections there.

I have enormous respect for Senator Dolan, but on the idea of a strong person, I do not know that we want a single strong leader in the area of our higher education institutions. We need to respect the diversity of expertise and insight that is there. My hope is that the board will reflect that. In the reply I was given, I was told extensively that the chief executive officer will come through the Public Appointments Service. Of course, the board, which decides on the chief executive officer, is directly appointed by the Minister. Therefore, we have a board appointed by the Minister making the decision. I know that the Minister intends to choose to draw on the Public Appointments Service. However, the Bill provides for the appointment of the board by the Minister and then that board determines the question. That is why we need that separation.

While I will not talk about it now, I will come to it later. The concern I have about the consolidation of discretionary power with the chief executive is matched by my concern over the extension of discretionary powers for the Minister. I worry that we might end up effectively with two individuals with an outside impact on our entire higher education architecture. In that context, I press the amendment.