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

In terms of amendment Nos. 70 and 71 which deal with section 23, the corporate plan of agency, the Senators wish to require consultation with the Irish Congress of Trade Unions and the joint committee in preparing the corporate plan. This would be highly unusual. Where there is a specific consultation requirement in previous legislation, it is as laid out as in the existing provision and it is usual only where there is an alignment of funding and planning requirements. For example, the Health (Miscellaneous Provisions) Act 2022 requires consultation between the Minister for Health and the Minister for Children, Equality, Disability, Integration and Youth. The proposed amendment does not fit with this approach.

I also recall that Research Ireland will not be the employer of the researchers that receive funding from it. I am somewhat puzzled, therefore, as to the benefits of consulting with the Irish Congress of Trade Unions as any industrial relations issues that are arising would be pursued with the employers, that is, the higher education institutions.The provisions as worded in the Bill are in line with provisions in comparable legislation and the requirement is included at subsection (8) that the plan be laid before the Houses of the Oireachtas.

There is also provision in section 31 under "Accountability of Chief Executive Officer to other Oireachtas committees" for the committee to request the chief executive officer to attend before it to account for the general administration of the agency. The existing provision also enables the agency to consult with other persons and bodies as it considers appropriate, which gives scope for such additional consultations as may be necessary. The provision is in the interest of ensuring clarity of purpose and connected planning in the research and innovation system as a whole, which is the reason for including the requirement to consult with the bodies specified. We need to ensure co-ordination and the best possible use of public funding for research and innovation, which is the basis for these consultations being required. For these reasons, we are not accepting these two amendments.

On amendments Nos. 72 and 73, the provision as worded in the Bill is in line with provisions in comparable legislation and the requirement is included in subsection (8) that the plan be laid before the Houses of the Oireachtas. The existing provision also includes that the agency may consult with such other persons or bodies as are considered appropriate. There is no analogous provision in any Act whereby a Minister is required to seek approval of an Oireachtas committee before exercising statutory power to give a direction to a statutory body. To give an Oireachtas committee this power would appear to trespass upon the role of the Executive, which is accountable to the whole of the Oireachtas in the management of statutory bodies. The Oireachtas legislates but it is not responsible for the management and supervision of the statutory bodies under legislation. For the Oireachtas to legislate to give a committee such a function in the management of a statutory body could potentially be a breach of the separation of powers. For these reasons, we do not propose to accept the amendments.

There is also provision in section 31 under "Accountability of Chief Executive Officer to other Oireachtas committees" for the committee to request the chief executive officer to attend before it to give account of the general administration of the agency. Consultation in the normal process is in the Bill already.