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Universities Legislation

Dáil Éireann Debate, Wednesday - 8 May 2019

Wednesday, 8 May 2019

Questions (321, 322, 323, 324, 326)

David Cullinane

Question:

321. Deputy David Cullinane asked the Minister for Education and Skills the value of borrowing, underwriting and guaranteeing activities notified to him under the borrowing framework provided for in section 38 of the Universities Act 1997, for each university since the institution of the framework, in tabular form. [19203/19]

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David Cullinane

Question:

322. Deputy David Cullinane asked the Minister for Education and Skills the value, name of the creditor and interest rate for each individual amount of borrowing above €1 million in each of the universities covered by the borrowing framework outlined in section 38 of the Universities Act 1997, in tabular form. [19204/19]

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David Cullinane

Question:

323. Deputy David Cullinane asked the Minister for Education and Skills the implied recourse to the Exchequer involved in the borrowing, underwriting and guaranteeing activities of universities covered under the Universities Act 1997; and if he will make a statement on the matter. [19205/19]

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David Cullinane

Question:

324. Deputy David Cullinane asked the Minister for Education and Skills the aggregate at any one time of moneys borrowed by the university and education and training board sectors, in tabular form. [19206/19]

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David Cullinane

Question:

326. Deputy David Cullinane asked the Minister for Education and Skills the working of the borrowing framework outlined in section 38 of the Universities Act 1997. [19208/19]

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Written answers

I propose to take Questions Nos. 321 to 324, inclusive, and 326 together.

Universities are independent and autonomous bodies under the statutory framework set out in the Universities Act, 1997 and on that basis are responsible for the conduct of their day-to-day affairs, including in relation to borrowing activities. The performance of this role is subject to appropriate governance, oversight and accountability requirements. In this context, section 38 of the Universities Act, 1997 contains specific provision for a university to borrow within a framework agreed with the Higher Education Authority (HEA). This framework, which was agreed with my Department and the now Department of Public Expenditure and Reform, has been in operation for some time.

The function of the framework is:

- 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 the HEA, or the Ministers for Education and Skills and Department of Public Expenditure and Reform, of individual instances of borrowing, underwriting or guaranteeing by a university is not required.

Accordingly, a university is not be required to obtain prior consent from my Department, or the HEA, to engage in borrowing, underwriting, and guaranteeing activities. In addition there is no recourse, implied or otherwise, to the Exchequer for any liabilities matured or maturing by these institutions.

The aggregate amount of monies borrowed by the universities in the 2016/17 accounting year was €637 million. My officials are currently liaising with the HEA to co-ordinate further information, as requested by the Deputy, with regards the value, name of the creditor and interest rate for each individual amount of borrowing above €1 million in each of the universities covered by the borrowing framework. I will arrange for this information to issue directly to the Deputy when available.

With regard to the Education and Training Boards (ETBs), section 49 of the Education and Training Boards Act 2013 states that ETBs may, with the consent of the Minister, accept a proposal, and borrow by means specified in the proposal, for the purposes of carrying out the functions of the board.

I can confirm that there are currently no moneys borrowed by any of the 16 ETBs. Some ETBs have sanction in place for an overdraft facility. The ETBs with that sanction have confirmed to officials in my Department last week that no overdraft facility is currently being utilised.

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