Robert O'Donoghue (Dublin Fingal West, Labour)
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847. To ask the Minister for Education and Skills whether subsidiary companies of universities and colleges also fall under his aegis; whether such entities are considered public sector bodies; whether public sector procurement and pay rules apply; and if he will make a statement on the matter. [15488/25]

James Lawless (Kildare North, Fianna Fail)
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Universities, Technological Universities (TUs) and Institutes of Technology (IoTs) have the ability to establish or hold shares in companies under their relevant sectoral legislation.

In the case of the Universities Act 1997 (as amended) and the Institutes of Technology Acts, 1992 – 2006 (as amended), Universities and IoT have the ability to establish subsidiaries without requiring Ministerial approval. Under the Technological Universities Act 2018, Ministerial approval is required for a TU to form or hold shares in companies formed by TUs within certain classes of activities.

There is no single definition of ‘public sector body’ under the Code of Practice for the Governance of State Bodies. Many of the criteria used to define such bodies do not apply to a subsidiary, therefore, we believe that they may not be considered as a public sector body. Governance, oversight and responsibility for such entities rest with the Governing Body of each Higher Education Institution (HEI).

If a subsidiary is subject to audit by the Comptroller and Auditor General (C&AG), they may be required to account to the Public Accounts Committee (PAC) in respect of those transactions, then the Chief Officer of a University, TU or IoT may be required to account to the PAC the regularity and propriety of its financial transactions recorded or required to be recorded in any book or other record of account subject to audit by the C&AG that the designated HEI is required to prepare.

The HEA requires an Annual Governance Statement (AGS) from each designated HEI, which includes confirmations from designated HEIs in respect of subsidiaries. This includes confirmations relating to:

• Governing Body oversight,

• Disclosures of any costs to the Exchequer, and

• Compliance with public sector procurement arising from financing provided to subsidiaries.

Additionally, as part of the Annual Oversight Agreement required by the HEA, each designated HEI must confirm that it operates in line with statutory requirements and the Code of Practice for the Governance of State Bodies, which extends to subsidiaries. The Chief Officer is also required to keep the HEA informed in a timely manner of any governance issues, concerns or major risks affecting the Institution.

Employees of HEI subsidiary companies are not considered to be public servants and are therefore not covered by public sector pay rules.

Robert O'Donoghue (Dublin Fingal West, Labour)
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848. To ask the Minister for Education and Skills whether any public bodies or publicly funded bodies under his aegis are not compliant with Part V of the Disability Act 2005; whether Part V applies to subsidiaries of universities and colleges; whether, in cases where it does not, he has the powers to extend such a requirement, either through Ministerial order or through funding requirements; and if he will make a statement on the matter. [15489/25]

James Lawless (Kildare North, Fianna Fail)
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Part V of the Disability Act 2005 requires public bodies to report on their compliance regarding the employment of persons with disabilities.

My Department assumed responsibility for Part 5 reporting in 2021 and submits its reports to the National Disability Authority each year in respect of the returns for the public bodies under its aegis.

In 2022 all public bodies under the aegis of the Department of Further & Higher Education, Research, Innovation & Science were deemed to be compliant under Part 5, as per the report published by the National Disability Authority, nda.ie/uploads/publications/Report-on-Compliance-with-Part-5-for-2022-English.pdf

I understand that the Part 5 report for 2023 could be expected to be published before the end of 2025.

The following public bodies are under the aegis of My Department:

IADT Dún Laoghaire Institute of Art, Design & Technology.

TUS Technological University of the Shannon.

SETU South East Technological University.

MTU Munster Technological University.

DKIT Dundalk Institute of technology.

ATU Atlantic Technological University.

TUD Technological University Dublin.

NCAD National College of Art and Design.

Léargas.

QQI Quality and Qualifications Ireland (QQI).

SOLAS.

Skillnet Ireland.

Taighde Eireann (formerly SFI and IRC).

HEA Higher Education Authority.

In support of Government policy to promote increased employment of persons with disabilities, and in the spirit of the legislation, my Department has also collected returns from the following bodies not deemed as public bodies under the aegis of my Department:

GDA Grangegorman Development Agency.

RIA Royal Irish Academy.

DCU Dublin City University.

MIC Mary Immaculate College.

MU Maynooth University.

NUI National University of Ireland.

UG University of Galway.

RIA Royal Irish Academy.

TCD Trinity College Dublin.

UCC University College Cork.

UCD University College Dublin.

UL University of Limerick.