Matt Shanahan (Waterford, Independent)
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429. To ask the Minister for Education and Skills the work and timeline of the development of a borrowing framework by his Department for the technological sector since the 2019 TURN report; and if he will make a statement on the matter. [45501/22]

Simon Harris (Wicklow, Fine Gael)
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Both my Department and I are of the view that enabling appropriate access to finance is one of the significant requirements for the delivery by higher education institutions of purpose built student accommodation (PBSA) and my officials continue to engage with counterparts in relevant Government Departments and other relevant stakeholders including HEIs to explore potential options and approaches on the delivery of PBSA. In this context it is now anticipated that any borrowing framework for TUs would in the first instance prioritise the provision of PBSA in line with commitments in the Government's Housing for All plan.

In December 2021 the Minister for Housing, Local Government and Heritage confirmed that his Department had reviewed the Housing Finance Agency Act 1981 (as amended) and was satisfied that the legislation in place was robust enough to allow the Housing Finance Agency (HFA) to also lend, in addition to universities designated under the Universities Act 1997, to TUs, Institutes of Technology and other institutions encompassed by the definition of “Institutes of Higher Education” in the Higher Education Authority Act 1971 where such borrowing is in respect of the provision of housing accommodation for students.

This provision is being further strengthened under Section 130 of the Higher Education Authority Bill (as amended) currently advancing through the legislative process in the Houses of the Oireachtas by copper-fastening and broadening the type of institution to which the HFA can lend to with relevant consents including other education institutions not designated under the remit of the HEA but who are in receipt of core funding through the public system.

Institutions, other than traditional universities, would firstly require my consent to borrow following consultation with the Higher Education Authority. This will necessitate the establishment of an appropriate framework setting out the criteria, financial and non-financial, including governance, oversight and reporting to define the operational process through which such consent would be sought and obtained. Having passed those primary screening tests the prospective borrowing entity would then be required to pass the relevant tests, procedures and requirements of the HFA before accessing borrowing funds.

My Department is ready to work with any or all of the five TUs to support them to borrow to build PBSA. The impacts, risks and responsibilities arising from such borrowing are key considerations in this context. In addition to accessing borrowing on commercially viable and appropriate terms such as would not adversely impact the financial position of TUs themselves or the wider public finances, as stated requisite oversight, risk evaluation, project management and attendant governance and regulatory processes would also need to be established.

I am confident that there will, as appropriate, be robust and adequate systems in place to ensure any proposed borrowing is rigorously examined to protect both Exchequer funding and HEIs themselves.

Matt Shanahan (Waterford, Independent)
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430. To ask the Minister for Education and Skills if he will provide a detailed schedule for each housing finance agency loan to Higher Education Authority-funded higher education institutions including the name of the project, institution, value, date of approval, and the number of bedrooms. [45502/22]

Matt Shanahan (Waterford, Independent)
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431. To ask the Minister for Education and Skills if he will provide a detailed schedule for each Ireland strategic investment fund-loan to Higher Education Authority-funded higher education institutions including the name of the project, institution, value, and date of approval. [45503/22]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 430 and 431 together.

Irish Universities have autonomy to borrow in their own name within a framework to be agreed with the HEA, the Dept of Finance and Dept of Public Expenditure and Reform. Section 38 of the Universities Act, 1997 states that:

( 1) A university may borrow money by means of bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.

(2) Borrowing, guaranteeing and underwriting under subsection (1) shall be in accordance with a framework which shall be agreed from time to time between the universities and An tÚdarás, following consultation by An tÚdarás with the Minister for Public Expenditure and Reform and the Minister for Finance.

The intent of the framework is as follows:

- That a university can engage in borrowing, underwriting and guaranteeing activities provided that they impose no threat to, and do not create any contingent liabilities for, the public purse.

- To ensure that the capacity of a university to function effectively is not endangered.

- That advanced approval by An tÚdarás or the ministers, of individual instances of borrowing, underwriting or guaranteeing by a university would not be required.

University borrowing arising from fully self-financed or tax financed projects approved under the Finance Acts, are not subject to the borrowing limit established under this framework and may take place provided the servicing of those borrowings has no impact on the annual income of the University.

The HEA provided the below information, based on details available to the authority, in relation to University borrowing:

Total University borrowings at 30 September 2021 were €941,931,474 (The original value of these loans amounted to €1,034m) and included loans of €105,014,995 from the Housing Finance Agency and €20,860,478 from the Ireland Strategic Investment Fund.

There is no State guarantee or underwriting provided for these loans. Please find attached additional details of these loans by institution and lender (including Housing Finance Agency and Ireland Strategic Investment Fund). While universities are required to submit details of their Framework and non-Framework borrowings to the HEA on an annual basis, the HEA does not have details regarding name of the project, date of approval or number of bedrooms associated with any development.

Matt Shanahan (Waterford, Independent)
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432. To ask the Minister for Education and Skills the arrangements with respect to the €5 million in emergency funding provided to IT Tralee in 2019/2020; and if he will make a statement on the matter. [45504/22]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy is aware an emergency once off and repayable funding allocation of €5m was provided to the Institute of Technology Tralee (ITT) by the HEA and Department in 2019.

Serious cash-flow difficulties emerged in the Institute and it was identified in 2018 that the Institute would need additional funding and a series of cost saving measures to ensure its sustainable future. The once off and repayable funding was provided in 2019 to ensure immediate stability of the college and predicated on the completion of the financial sustainability plan for the college. The provision of emergency funding was essential to maintain current services at the Institute.

In April 2020 the HEA approved the Institute’s sustainability plan prepared with the assistance of Deloitte consultants and submitted it to the Department for consideration and progression. The plan includes actions to reduce the cost base and increase income including from additional apprenticeship blocks, increasing student numbers and lifelong learning course uptake.

The Institute merged with Cork Institute of Technology (CIT) to form Munster Technological University (MTU) from 1st January 2021.

The Government is committed to the continued provision of higher education in Tralee. In that context there is no question that the actions to secure a resolution to IT Tralee’s/MTU Kerry’s financial difficulties would be expected to give rise to creation of a potential burden which would undermine the financial stability and sustainability of MTU.

Given the position and development of MTU this funding has not been scheduled for repayment to date, however this is under regular review by the HEA and my Department.

Matt Shanahan (Waterford, Independent)
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433. To ask the Minister for Education and Skills if he will provide a breakdown of the proposal and closing date, institution and value with respect to each land acquisition undertaken by the Higher Education Authority-funded higher education institutions between 2011 and 2021. [45505/22]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will be aware, higher education institutions are autonomous bodies with their own management structures and, as such, are responsible for decisions in relation to site acquisitions and other capital matters where these are not being funded by the State.

All capital projects advanced by publicly funded Higher Education Institutions must comply with the provisions of the Public Spending Code.

Please find attached table with details of the site/property acquisitions which were allocated Department funding. In some cases, the material supplied dates back to 2010 as the drawdown of the funding for the acquisition spanned multiple years including one year prior to the period requested by the Deputy.

Matt Shanahan (Waterford, Independent)
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434. To ask the Minister for Education and Skills if he will provide a detailed explanation of the process and milestones, including a schedule of Department circulars or regulations, with respect to open-market opportunity land acquisitions by Higher Education Authority-funded higher education institutions. [45506/22]

Simon Harris (Wicklow, Fine Gael)
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Requirements relating to land acquisitions by publicly-funded higher education institutions are set out both in legislation and in relevant codes.

Relevant legislation includes:

- Universities Act, 1997

- Technological Universities Act, 2018

- Institutes of Technology Act, 2006

The general requirements which must be followed by State bodies in relation to property acquisitions are set out in the following key documents:

- Department of Public Expenditure and Reform (DPER) Circular 17/2016: Policy for Property Acquisition and for Disposal of Surplus Property

- Code of Practice for the Governance of State Bodies 2016

- Public Spending Code 2019

Core requirements include, inter alia, the development of a business case and an independent valuation of the property to be acquired.

The individual governance codes adopted by higher education institutions draw on the Code of Practice for State Bodies.

In the case of Technological Universities, the consent of both the Minister for Further and Higher Education, Research, Innovation and Science and the Minister for Public Expenditure and Reform is currently required under legislation for land acquisitions.

Some changes are proposed to relevant legislation as part of the HEA Bill to streamline processes and to ensure alignment of arrangements in legislation for Technological Universities and Institutes of Technology.

Matt Shanahan (Waterford, Independent)
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436. To ask the Minister for Education and Skills his Department’s governance, assurance and oversight activities of Carlow College, St. Patrick's CHY number 10584. [45508/22]

Simon Harris (Wicklow, Fine Gael)
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Carlow College is private college with charitable status under the regulation of the Charities Regulator. My Department and I have no statutory function in relation to Carlow College.

The only recurrent funding provided to Carlow College by my Department is in respect of the grant in lieu of tuition fee funding for approved courses which is provided in respect of students who are eligible for funding under the Free Fees Initiative. Funding is provided in line with the eligibility criteria as set out in the Free Fees Initiative.