PART 4

Miscellaneous

Amendment of Higher Education Authority Act 1971.

52 .— The Higher Education Authority Act 1971 is amended—

(a) in section 1(1), by substituting the following definition for the definition of “institution of higher education”:

“ ‘ institution of higher education ’ means any of the following:

(a) a university,

(b) a college of a university,

(c) a college to which the Institutes of Technology Acts 1992 to 2006 apply,

(d) Dublin Institute of Technology,

(e) Royal College of Surgeons in Ireland,

(f) National College of Art and Design,

(g) Royal Irish Academy,

(h) such educational institutions as may be designated by order under section 5;”,

(b) in section 3—

(i) in paragraph (e), by substituting “education,” for “education.”, and

(ii) by adding after paragraph (e) the following:

“(f) promoting the attainment and maintenance of excellence in learning, teaching and research in higher education.”,

(c) by inserting after section 3 the following:

“Directions of Minister.

3A.— (1) The Minister may, from time to time, issue policy directions to An tÚdarás in relation to the performance of its functions under this Act in respect of the Dublin Institute of Technology or a college to which the Institutes of Technology Acts 1992 to 2006 apply.

(2) The Minister may by direction in writing amend or revoke a direction under this section (including a direction under this subsection).”,

(d) by substituting for section 4 the following:

“General duty with respect to national aims.

4.— In performing its functions, An tÚdarás shall have regard to the national aims of maximising the contribution of higher education to social and economic progress, restoring the Irish language and preserving the national culture, and shall endeavour to promote the attainment of those aims.”,

(e) by substituting for section 5 the following:

“Designation of institutions of higher education.

5.— (1) The Minister may, at any time, appoint a body, the membership of which shall be recommended by An tÚdarás and shall include international experts and national experts, including employees of institutions of higher education to which this Act applies, to advise An tÚdarás on whether, having regard to the objects and functions of institutions of higher education currently in being, an educational institution should be designated as an institution of higher education.

(2) On the advice of the body and the recommendation of An tÚdarás, but subject to subsection (3), the Minister may, by order, provide that the institution shall be designated as an institution of higher education for the purposes of this Act and, on the making of the order, it shall be designated accordingly.

(3) The Minister shall not make an order under subsection (2) unless he or she has first caused to be laid before each House of the Oireachtas a draft of the proposed order and a resolution approving of the draft has been passed by both Houses.”,

(f) by inserting after section 12 the following:

“Payments for persons providing support services.

12A.— (1) An tÚdarás may make payments to a person providing support services for the purpose of enabling or assisting that person to provide such services.

(2) Any such payment shall be made in such manner and subject to such conditions as An tÚdarás thinks fit.

(3) For the purposes of this section ‘a person providing support services’ means a body whose objects include the promotion, development or support of higher education and which the Minister, following consultation with An tÚdarás, designates as a body to whom this section applies.”,

and

(g) in the Schedule—

(i) by substituting for subparagraph (2) of paragraph 4 the following:

“(2) An ordinary member of An tÚdarás shall be appointed for a term not exceeding 5 years and his appointment may be renewed for a further term not exceeding 5 years, but after 2 consecutive terms in office, of whatever length, he shall not be eligible for further appointment until a period of 2 years has elapsed.”,

and

(ii) by inserting after paragraph 23 the following:

“24. The ordinary members of An tÚdarás who held office immediately before the commencement of this paragraph shall cease to hold office upon such commencement, but any such member shall, notwithstanding anything contained in paragraph 4(2) (as substituted by the Institutes of Technology Act 2006), be eligible to be reappointed for a term not exceeding 5 years as a member of An tÚdarás.”.

Amendment of Universities Act 1997.

53 .— The Universities Act 1997 is amended—

(a) in section 24—

(i) in subsection (1), by deleting “, and the person so appointed shall be the accounting officer for the university”, and

(ii) by deleting subsection (2), and

(b) in the Fourth Schedule, by adding after paragraph 7 the following:

“8. A chief officer shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the university is required by this Act to prepare,

(b) the economy and efficiency of the university in the use of its resources,

(c) the systems, procedures and practices employed by the university for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the university referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

9. A chief officer, if required under paragraph 8 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

10. >From time to time and whenever so requested, a chief officer shall account for the performance of the university’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.”.

Amendment of Qualifications (Education and Training) Act 1999.

54 .— The Qualifications (Education and Training) Act 1999 is amended—

(a) by deleting subsection (5) of section 50, and

(b) in the Second Schedule, by adding after paragraph 5 the following:

“6. The chief executive of a relevant body shall, whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the relevant body is required by this Act to prepare,

(b) the economy and efficiency of the relevant body in the use of its resources,

(c) the systems, procedures and practices employed by the relevant body for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the relevant body referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

7. The chief executive of a relevant body, if required under paragraph 6 to give evidence, shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

8. >From time to time and whenever so requested, the chief executive of a relevant body shall account for the performance of the relevant body’s functions to a Committee of one or both Houses of the Oireachtas and shall have regard to any recommendations of such Committee relevant to these functions.”.

Repeal of sections 19, 37 and 38 of Vocational Education (Amendment) Act 2001.

55 .— Sections 19, 37 and 38 of the Vocational Education (Amendment) Act 2001 are repealed.