Amendments Nos. 280 to 284, inclusive, are alternatives to amendment No. 279 and may be taken together.
SECTION 43.
I move amendment No. 279:
In page 31, lines 41 to 45, to delete subsection (6) and substitute the following:
"(6) Where the President or any other employee of a constituent college was appointed by the National University of Ireland, the powers and functions of that University in respect of his or her removal from office shall, notwithstanding anything in this Act, remain in force in relation to that person.".
I share the concerns of Deputies who proposed this section 43(6) and I hope they will support this amendment to ensure that the powers of the National University of Ireland remain in place in respect of the removal from office of any person the NUI has appointed.
Any person?
Yes, the Deputy's amendments are covered.
Amendment agreed to.
Amendments Nos 280 to 284, inclusive, not moved.
Section 43, as amended, agreed to.
Section 44 agreed to.
NEW SECTIONS.
I move amendment No. 285:
In page 32, before section 45, but in Part IV, to insert the following new section:
PART V
An tÚdarás
45.—An tÚdarás, in furtherance of its general functions under section 3 of the Higher Education Authority Act, 1971, shall assist the universities in achieving the objectives of Chapters IV, VII and VIII of Part III and may review—
(a) strategic development plans prepared in accordance with Bsection 30B,
(b) the procedures established in accordance withB section 31B,
(c) the policies set out in the statement provided for in Bsection 32 Band their implementation, and
(d) the matters referred to in section 46, having regard to any guidelines issued in accordance with that section and information provided in accordance with section 47,
and may, following consultation with the universities, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.".
Amendment agreed to.
I move amendment No. 286:
In page 32, before section 45, but in Part IV, to insert the following new section:
"46.—(1) An tÚdarás may, following consultation with all or any of the chief officers, issue guidelines on—
(a) the numbers or grades of employees of the university, or
(b) the proportion of the budget of the university to be applied to the different activities of the university.
(2) Guidelines issued under subsection (1) shall not be binding on a university, and if a university departs from those guidelines An tÚdarás shall not, as a result of such departure, impose restrictions or conditions on the use of moneys paid to the university by An tÚdarás or otherwise limit moneys payable to the university by An tÚdarás.".
I formally oppose this amendment.
Question proposed: "That the new section be there inserted", put and declared carried.
I move amendment No. 287:
In page 32, before section 45, but in Part IV, to insert the following new section:
"47.—A university shall provide An tÚdarás with such information as An tÚdarás may from time to time request relating to the number of employees employed by the university, their composition by grade, their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation) and any other related matters.".
Question,: "That the new section be there inserted", put and declared carried.
Question proposed: "That section 45 stand part of the Bill", put and declared carried.
NEW SECTION.
I move amendment No. 288:
In page 32, before the First Schedule, to insert the following new section:
"46.—Where a person makes a donation to a university referred to in section 4, such donation shall be an allowable deduction for the purposes of such person's tax liabilities.".
We have already referred to the idea of tax allowances for donations. The Minister accepts the spirit of this idea but it is not possible to include it in the Bill. I accept that she will raise this matter with the Minister for Finance.
Amendment, by leave, withdrawn.
FIRST SCHEDULE.
I move amendment No. 289:
In page 32, Part I, after line 32, to insert the following entries in the first and second columns, respectively:
"8 Edw.7.c.38 / Irish Universities Act, 1908".
This amendment is not necessary because the Bill states where it is amending the 1908 Act.
Amendment, by leave, withdrawn.
I move amendment No. 290:
In page 32, Part I, after line 32, to insert the following entries in the first and second columns, respectively:
No. 31 of 1994 / Dublin Institute of Technology (Amendment) Act, 1994".
Amendment put and declared lost.
First Schedule agreed to.
SECOND SCHEDULE.
Amendment No. 291 not moved.
I move amendment No. 292:
In page 33, to delete column (2) of the Table contained in the Second Schedule and substitute the following:
Name of Constituent University
(2)
National University of Ireland, Cork
Ollscoil na hÉireann, Corcaigh
National University of Ireland, Dublin
Ollscoil na hÉireann, Baile Átha Cliath
National University of Ireland, Galway
Ollscoil na hÉreann, Gaillimh
Amendment agreed to.
Second Schedule, as amended, agreed to.
THIRD SCHEDULE.
Amendment No. 293 has alternatives in amendments Nos. 294 and 295.
I move amendment No. 293:
In page 33, paragraph 2(2), line 29, to delete "Minister" and substitute governing authority".
The Third Schedule provides for a range of practical matters. The Opposition amendments Nos. 294 and 295 ask that where a chairperson seeks to resign from office he or she be allowed address a letter to the governing authority's secretary rather than the Minister. I propose a similar amendment in amendment No. 293.
Would every member of the governing body get a letter or would it just be the secretary?
That depends on the arrangements for correspondence. The letter is to go to the governing authority.
This might be tidied up.
Amendment agreed to.
Amendments Nos. 294 and 295 not moved.
Amendment No. 296; amendments Nos. 297, 298 and 299 are related and amendments Nos. 300 and 301 are alternatives to amendment No. 299.
I move amendment No. 296:
In page 33, paragraph 3, lines 43 to 46, to delete subparagraph (4).
Perhaps the Minister could explain the purpose of this section.
I do not support the deletion. The provision in section 3 (4) ensured that only Bex officioB members of the governing authority could serve more than two consecutive terms. It is a worthwhile provision and will ensure a turnover of membership but it has been suggested it might unduly limit a university in choosing its best governing authority. That is why I propose amendment No. 297. Amendment No. 298 proposes a term of office of five rather than three years and there is a possible advantage in having five years as plans could be followed through. Against this, the carryover of membership in governing authorities will ensure continuity. I do not wish to impose a particular term of office on the universities so I will consider returning to this issue on Report Stage.
On that amendment?
Yes. Deputy Keogh is seeking deletion in amendment No. 299 and I propose something similar in amendment No. 301 to ensure that, although a student member of a governing body will serve one year at the most, such a student can be reappointed.
Why was the term limited to one year?
That is generally what happens. In my experience a student body has never re-elected someone.
Amendment by leave, withdrawn.
I move amendment No. 297:
In page 33, paragraph 3(4), lines 45 and 46, to delete, "unless his or her appointment would be for a third consecutive term as a member".
Amendment agreed to.
Amendments Nos. 298 to 300, inclusive, not moved.
I move amendment No. 301:
In page 34, paragraph 4 (2), line 7, after "determine" to insert "but may be re-appointed for a further period or further periods, on each occasion not exceeding one year".
Amendment agreed to.
I move amendment No. 302:
In page 24, lines 24 to 43, to delete paragraph 7.
This concerns people who are bankrupt.
Historically I object to stopping people from being members of anything. Bankrupt people, those in jail——
And Members of the Oireachtas.
——and politicians are always being grouped together for exclusion from boards. It was done in the same sentence in the regional technical college Bill. The draftsman must have enjoyed that. If people want to elect a bankrupt they should do so. We have an honourable tradition of electing prisoners, such as the founder of my party.
Amendment, by leave, withdrawn.
I move amendment No. 303:
In page 35, paragraph 10 (1), line 24, after shall hold" to insert "at least eight meetings during the course of any one academic year and".
This is a matter for the governing authorities to decide the details. We will have a very democratic governing authority; there will be no sectoral interests on it. This detail might be expected from me——
We just want to make sure it meets——
The Deputy has had experience as a member of a governing body.
The Minister has been overly prescriptive all through.
I am just being protective.
I feel the body should meet on a number of occasions.
Amendment, by leave, withdrawn.
Third Schedule, as amended, agreed to.
FOURTH SCHEDULE.
Amendment No. 304, amendments No. 305 is an alternative. Amendments Nos. 306 and 307 are related.
I move amendment No. 304:
In page 36, lines 10 to 16, to delete paragraph 1 and substitute the following:
"1. The chief officer of a university shall, subject to this Act, manage and direct the university in its academic, administrative, financial, personnel and other activities and for those purposes has such powers as are necessary or expedient.".
The Fourth Schedule outlines the role and function of the chief officer of the university. That role is to manage the university subject to the policies of the governing authority, to which he or she will be responsible for the exercise of his or her powers and functions. The Schedule also provides for the delegation of powers of the chief officer but in the event of delegation he or she will remain accountable to the govering authority for the exercise of those powers.
Amendment No. 304 outlines the chief officer's function and says it will be to "manage and direct the university in its academic, administrative, financial, personnel and other activities". This amendment ensures the same use of words in this section concerning personnel affairs as those used for academic, administrative, financial or other affairs, all are being brought into line.
Deputies Martin and Coughlan have put down a similar amendment in amendment No. 305. Amendment No. 306 amends paragraph 3 (1) to outline that a chief officer may delegate any function delegated to him by the governing authority unless it precludes him or her from doing so. Amendment No. 307 amends paragraph 5 to outline that a chief officer may preside over any committee of which he or she is a member if he or she so wishes. It is not prescriptive but it can be done.
The Minister's amendments cover the area as our amendments. We moved them on the basis that we found the word "control" in the original Bill disturbing and it seemed to indicate that it was the operative word——
Never.
——and was the driving force behind this Bill.
Amendment agreed to.
Amendment No. 305 not moved.
I move amendment No. 306:
In page 36, paragraph 3(1), line 23, after "university" to insert ", including any functions delegated to the chief officer in accordance with section 22 (2), unless they are so delegated to the chief officer subject to the condition that they shall not be sub-delegated,".
Amendment agreed to.
I move amendment No. 307:
In page 36, paragraph 5, line 30, after "member of" to insert "and preside over".
Amendment agreed to.
I move amendment No. 308:
In page 36, paragraph 6, line 34, after "Maynooth" to insert "or as President of the Dublin Institute of Technology".
Amendment put and declared lost.
I move amendment No. 309:
In page 36, paragraph 6, line 36, to delete "after" and substitute "on".
Amendment agreed to.
Fourth Schedule, as amended, agreed to.
NEW SCHEDULE.
I move amendment No. 310:
In page 37, before the Fifth Schedule, to insert the following new Schedule:
FIFTH SCHEDULE
SUPERANNUATION
1. As soon as practicable after the commencement of Part III a university shall, subject to section 22, prepare and submit to An tU1darás a scheme or schemes for the granting of pensions, gratuities and other allowances to or in respect of each of its employees (including the chief officer) as it thinks fit consequent on their retirement or death as the case may be.
2. Every scheme shall fix the time and conditions of retirement of all persons to or in respect of whom pensions, gratuities or allowances are payable under the scheme and different times and conditions may be fixed in respect of different classes or persons.
3. A university may at any time prepare and submit to An tÚdarás a scheme amending a scheme previously submitted and approved under this Schedule.
4. A scheme or amended scheme submitted to An tÚdarás under this Schedule shall, if approved by An tÚdarás with the consent of the Minister and the Minister for Finance, be carried out by the university in accordance with its terms.
5. If a dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this Schedule, it shall be submitted to An tÚdarás for determination by An tÚdarás subject to the agreement of the Minister and the Minister for Finance.
6. No pension, gratuity, allowance or other payment shall be granted by a university nor shall any other arrangements be entered into by the university for the provision of a pension, gratuity, allowance or other payment to or in respect of an employee (including the chief officer) otherwise than in accordance with a scheme under this Schedule, or with the approval of An tÚdarás, given with the consent of the Minister and the Minister for Finance.
7. The Minister shall cause every scheme submitted and approved under this Schedule to be laid before each House of the Oireachtas as soon as practicable after it is so approved and if either House, within the next 21 days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done under the scheme.".
The Schedule provides for matters related to pension schemes for university staff. The amended Schedule introduces the Higher Education Authority as the State body which will deal directly with universities on matters related to superannuation rather than the Minister for Education.
Amendment agreed to.
FIFTH SCHEDULE
I move amendment No. 311:
In page 37, after line 38, to insert the following paragraph:
"8. No person who is in receipt of a pension from any of the universities listed in section 4 of this Act shall be subject to less beneficial pension arrangements than those to which he or she was entitled prior to the commencement of this Act.".
Does the Minister agree to this amendment?
No.
I will press it.
Amendment No. 313 is similar and the Minister said she would return to this matter on Report Stage.
I said it was being dealt with already but I will return to it on Report Stage.
The Minister said she would return with amendments on Report Stage.
Superannuation is dealt with specifically in amendment No. 188.
This is a new Fifth Schedule?
Yes.
Amendment, by leave, withdrawn.
I move amendment No. 312:
In page 37, after line 38, to insert the following paragraph:
"9. With regard to the Dublin Institute of Technology, this Act shall have regard for pensions as they are currently administered under the provisions of the Local Government (Superannuation) Act, 1980.".
Amendment put and declared lost.
Amendment No. 313 not moved.
Question, "That the Fifth Schedule be deleted," put and agreed to.
TITLE.
I move amendment No. 314:
In page 5, lines 10 and 11, after "UNIVERSITIES" to insert "WHICH ARE IN RECEIPT OF MONEYS PROVIDED BY AN tÚDARÁS".
My stated aim in introducing the Bill was to provide a framework of legislation compatible with the role, function and operation of universities in modern society. Universities are an important concern for public policy given their central role in education in society and that is reflected in the high level of public funding we provide to universities. I indicated in my opening speech on Second Stage that my concern in this legislation is with universities in receipt of public funds which amount to S2000TS0000T220 million this year alone. Amendment No. 314 to the Long Title emphasises this and provides a context for the provisions which follow.
Amendment agreed to.
I move amendment No. 315:
In page 5, line 22, after "1980," to insert "THE DUBLIN INSTITUTE OF TECHNOLOGY ACT, 1994,".
Amendment put and declared lost.
Title, as amended, agreed to.