Seanad debates

Wednesday, 21 September 2022

Higher Education Authority Bill 2022: Report Stage (Resumed) and Final Stage

 

10:30 am

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Senator Ward. Academic freedom is at the heart and core of this legislation. It is protected by this legislation. On the broader point the Senator is making, this legislation will provide the HEA and an t-údarás with the ability to co-design codes of practice and guidelines. That is really important for greater transparency in the context of a raft of areas relating to third level education, including private or third-party funding sources. The Senator's point is well made. Greater transparency in these areas is good. This legislation enables that. Once we pass the Bill, which has been talked about for many years, and get it signed into law, it will enable good work to start on codes of practice, guidelines and such. I am happy to engage with Senator Ward and the Seanad on the matter.

I thank Senator Ruane for tabling the amendments. It was worth waiting for her contribution, as always. I understand what Senators Ruane and Higgins and others are trying to achieve here. We believe the insertion of this new provision is not necessary, because there is not a provision in the Bill to provide that the Minister or an t-údarás has the power to compel designated higher education institutions to dispose of land or other assets or to change the primary use of land or other assets. I took legal advice on this matter and the view was that the provision is unnecessary. There is no identifiable provision or power of the Minister or an t-údarás in the Bill that this avoidance-of-doubt provision is seeking to limit or displace.

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