Ó An Roinn Breisoideachais agus Ardoideachais, Taighde, Nuálaíochta agus Eolaíochta
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
The purpose of the legislation is to reform the legislative framework for the higher education system enabling improved oversight and regulation of higher education institutions. As we look to drive our ambitions forward, we are seeking to ensure that the fundamental building blocks of governance and funding are firmly in place. That is why the government is committed to the reform of the Higher Education Authority Act 1971.
The legislation repeals the Higher Education Authority Act, 1971 and provides a legal basis for the functions of An tÚdarás Um Ard-Oideachas, (the Higher Education Authority, (HEA)) and the role of the Minister.
The core objectives of the HEA legislation are to:
The overall aim being to provide a high quality, student focused system with appropriate oversight and accountability to underpin public confidence of stakeholders, students and the public.
The legislation will clarify overall policy development in relation to higher education and research as the responsibility of the Minister. The legislation enables improved institutional governance in higher education institutions but also provides for accountability by the higher education institutions to the HEA and the State, in particular for exchequer funding. This legislation puts an onus on the higher education institutions to have in place robust governance and accountability structures and processes within their institution. It provides for oversight by the HEA of the institutions of higher education and intervention if they do not exercise good governance.
The legislation will recognise that autonomy and flexibility are essential features of higher education institutions, but also that this must be matched with transparent governance and accountability to students, stakeholders, and the public. It is important to note that nothing in the legislation will impinge on the academic freedom of higher education institutions or their staff. This is a core tenet which will continue to be enshrined in legislation. Institutions will continue to be supported to do what they do best – delivering excellence in education and research and providing places of engagement and insight to support a flourishing democratic society.
The objective of the higher education system is to provide high quality education which is innovative and adaptive to the needs of the learner, advances equality, diversity and inclusion, strengthens engagement with the wider education system and wider society, creates knowledge and maximises the contribution of higher education to social, economic and cultural development.
The new legislation will provide a detailed and modernised framework to provide for the achievement of these objectives within an appropriate oversight and accountability framework.
This legislation will put in place the following statutory provisions for the third level sector:
The higher education sector has been transformed since the Higher Education Authority Act, 1971 was first put in place 50 years ago. In 1971 there were approximately 20,000 students in higher education and this has increased to over 200,000 students in the present day. Higher education has become more accessible to all sectors of society, and more adaptable to meeting the State’s social, economic, and labour market needs.
The importance of the role carried out by the HEA has expanded commensurately, often on the basis of implied rather than explicit legal powers under the 1971 Act.
As part of its core legal function, the HEA is responsible for allocating recurrent funding to higher education institutions of €1.5bn in 2022. The HEA will also be responsible for allocating up to €152m in Capital Infrastructure Funding in 2022, as well as overseeing capital project delivery, advancing the higher education Public Private Partnership (PPP) Programme and planning for future capital investments.
The HEA is now responsible for an extensive and diverse sector. Beyond the original small number of universities provided for in the HEA Act, 1971 the HEA’s responsibilities now extend to an expanded number of universities, new technological universities and institutes of technology. There has been legislative developments in the interim – including through the Universities Act 1997, Technological Universities Act 2018, the Institutes of Technology Acts 1992-2006 and other institution-specific legislation – but this has not extended to a comprehensive legislative review of the HEA itself and institutional governance across the sector.
As well as its responsibility for allocating and overseeing the substantial public funding provided to a growing and diverse sector, the means by which the HEA discharges its role has increasingly relied on specific mechanisms which are not explicitly provided for in statute such as, for example, the System Performance Framework. The HEA, through this Framework, seeks to align the performance of the higher education system to government objectives.
The Programme for Government commits to continuing to reform how higher education institutions operate through their relationship with the HEA by enhancing performance, financial management, governance and transparency and to utilising the system performance framework to drive accountability and improvements in our higher education system. In light of the central role of the higher education system in contributing to national economic and social sustainability through skills and human capital development, research and innovation it is essential to bring a clear and specific definition to the relationship between higher education institutions and the State.
The reform is aligned to previous calls by the third level sector for reforms such as the IUA Report to the Minister for Education on University Governance in 2012 and submissions from representative bodies seeking modernisation of governance. These reforms are also aligned to the National Strategy for Higher Education to 2030.
The Bill lists a set of objects or key principles which apply to the HEA when undertaking its functions. These principles are as follows:
It also provides that in the furtherance of these objects the HEA shall provide that the needs of the student in higher education are a primary consideration.
The legislation provides clarity regarding the respective roles and responsibilities of the Minister and department and the HEA.
The legislation does not change the position that the Minister remains responsible for strategy and policy for the higher education sector. The role of the HEA is to drive the implementation and delivery of national strategy and policy including through the operation of the System Performance Framework, ensure the resources invested in the sector are managed and value is achieved and assist the Minister and department by providing evidence and advice.
It is a particular priority to ensure that the HEA legislation provides a robust legal basis for the HEA to fully discharge its responsibilities in overseeing the performance and governance of the higher education system and securing accountability and value-for-money for substantial public investment in higher education.
The legislation provides the HEA with explicit legal powers to carry out its specific functions that are currently undertaken on the basis of general functions under the 1971 Act. The legislation is not creating an extensive suite of new responsibilities and powers for the HEA but providing a robust and more specific basis for existing functions.
The general functions of the HEA as listed in the legislation are as follows:
The legislation also provides that the HEA shall have the powers necessary for the performance of these functions.
The provisions for improved HEA powers in relation to oversight and regulation of the sector include:
The reporting and review process provides that the HEA may request the governing body of a designated institution of higher education to undertake a review and provide a report where there are concerns about the governance or performance of a designated institution of higher education of its functions or responsibilities. The HEA may make a determination for action following consideration of this report if he or she is not satisfied that his/her concerns regarding the performance by the designated institution of higher education have been adequately addressed and resolved, or if the designated institution of higher education concerned does not undertake a review or prepare and submit a report to the HEA.
The determination may include all or any of the following actions:
o appointment of a person/body to provide specialist assistance
o provision of guidance
o issuing of directions regarding a particular matter
o admonishment or a censure taking into account any professional regulatory or obligations that may be thereby impacted
o requirement for members of the institution to undertake a course of training on matters related to governance
o imposition of an issue rectification plan with specified targets and monitoring requirements
o review of Strategic Development Plan
o temporary exclusion from particular categories of grants from the HEA
o the application of revised conditions of funding
o controlled release of funding
o withholding of a grant due to be paid to the designated institution of higher education, or
o refund of a grant paid by the HEA to a designated institution of higher education
It is important to note that the HEA already engages with HEIs on governance issues on an administrative basis and these provisions codify that relationship rather than radically recasting it. Indeed existing Ministerial powers rarely if ever used such as the dissolution of a HEI governing authority are being repealed in favour of the more graduated approach outlined in the legislation.
Under the 1971 legislation the HEA can only fund those higher education institutions which are legally designated as institutions of higher education under the legislation. All other funding to HEIs has to be provided directly by the department or through a designated higher education institutions for onward distribution. The new funding arrangements included in the legislation provide that the HEA may fund any higher education institution including publicly funded, not-for-profit and private higher education institutions in accordance with a funding framework which will be developed by the HEA in consultation with the Minister.
This framework:
The legislation also provides specific legal powers to the HEA to attach mandatory conditions of funding to public funding of HEIs which HEIs must comply with on an ongoing basis. These conditions will be determined by the HEA and may include the requirements to:
The HEA may review compliance with conditions of funding by a higher education institutions and may following consultation with the funded body, issue appropriate directions regarding continued compliance with the conditions of funding. Where the HEA considers that directions issued to the funded body have not been complied with or there are serious deficiencies in the continued compliance, the HEA may impose remedial or other measures on the funded body. The remedial or other measures that the HEA may impose on the funded body may comprise 1 or more of the following:
The work undertaken under the auspices of the EU’s Reform Directorate on the future funding and sustainability of Ireland’s higher education system has now been completed. Minister Harris will shortly bring a report on the future funding of the sector to Government for consideration to ensure that government decisions on future funding for this sector reflect its vital role as a cornerstone of our economic model. Officials from the Department of Further and Higher Education, Research, Innovation and Science are working with colleagues in the Department of Public Expenditure and Reform on an implementation process for the significant reforms recommended in the EU-funded study.
The legislation will enable the HEA to implement this responsive funding model and a universal costing system for the higher education sector. Enabling a comprehensive and comparable costing approach will ensure that the funding model can recognise the different and developing cost drivers in different institutions. This will be linked to the delivery of strategic objectives and a reform agenda with the aim of resourcing Institutions to deliver on quality outcomes and impacts. This will be an important deliverable for the HEA and the sector as part of the process of developing a sustainable funding model.
This Bill respects and acknowledges the autonomy and academic freedom of higher education institutions.
The overall aim of the reform of the legislation is to enable improved institutional governance of higher education institutions and therefore provide for the autonomy of the higher education institutions. The principles of autonomy of HEIs and academic freedom of HEIs are fully recognised and supported in the legislation. It is not proposed to make any changes to the current legislative provisions related to academic freedom. The Objects of the Bill provide that the HEA shall have regard to respecting the academic freedom of HEIs and the academic staff in these HEIs when performing its functions. It should also be noted that the legislation removes the power for the government to dissolve the governing authorities of universities which was included in the Universities Act 1997.
Consistent with the National Strategy for Higher Education to 2030, a “co-regulation” governance model of institutional governance is provided for in the legislation. This means that each higher education institutions has primary responsibility for governance within an overall system wide performance and regulatory framework for the higher education sector including a clear accountability and reporting requirement to the HEA. The co-regulation model recognises the importance of autonomy and agility on the part of HEIs, coupled with appropriate accountability. The legislation will allow institutions to meet their responsibilities and accountabilities in line with contemporary best practice. It will provide the Higher Education Authority with clarity on its overall role in planning and managing at the system level and, where necessary, intervening proportionately to address issues where individual institutions may need additional supports.
Where performance or other failures are not adequately and transparently dealt with at the institutional level there are remedies available to the HEA under this legislation in order to protect students, public funds and the reputation of the sector.
This co-regulation model recognises and supports strong internal governance within higher education institutions. Higher education institutions are independent corporate entities established under Statute. The HEA is the statutory body which acts as an intermediary between autonomous HEIs and the State. Autonomy and independence are important characteristics of HEIs but must be matched with transparent governance at the institutional level which discharges accountability to students, stakeholders and the public.
The size and composition of the governing bodies in universities, technological universities and institutes of technology will be amended under this legislation by amending the existing legislation covering these sectors (the Universities Act 1997, the Technological Universities Act 2018 and the Institutes of Technology Acts 1992 to 2006). Aligned with best practice for strong internal governance, the governing bodies of these higher education institutions need to be smaller, include a strong external membership component and predominantly competency-based rather than representational. Currently some governing bodies in universities can have up to 40 members which is not consistent with effective governance practice.
The sectoral legislation will be amended to provide for 17 member governing bodies in universities, institutes of technology and technological universities comprised of the following members:
3 of the external members will be nominated by the Minister and 5 of the external members will be appointed by the governing body and all will be appointed based on the competencies required on the governing body. Governing authorities shall, with the approval of the Minister, make regulations relating to the selection, election, nomination or appointment of members.
Transitional provisions will be put in place to give a period of 1 year for the appointment of the new governing bodies. The existing Chairperson and members of the governing body may remain on the governing body subject to the composition of the new governing body meeting the requirements of the legislation.
In recognition of the distinct legal basis of Trinity and particularly the distinct role played by Fellows within the Trinity community, including within governance of the College, the Trinity College governing authority may comprise of up to an additional 5 Fellows to have a 22 member board (9 external, 2 students and 11 internal members). This will be balanced by the provision in the legislation which will permit the HEA to refer an item of serious concern to the Trinity College Visitors for their examination if they deem it appropriate.
Trinity completed its own governance review last year which identified a benefit to additional external membership of its governing authority. This review envisaged that up to 40% of the governing authority might be external. This is consistent with the provisions proposed in the Bill.
It is recognised that Trinity College, Dublin has a distinct legal basis with a Body Corporate comprised of the Provost, Fellows and Scholars together with those additional members of the Governing Body who, not being Fellows or Scholars are for the time being members of the Governing Body.
At present certain sections of the Universities Act 1997, including sections relating to the composition of the governing authority do not apply to Trinity College. This was provided for through an exemption in the Universities Act that enabled a Private Act to be passed amending the charters and letters patent of Trinity College in a manner consistent with the exempt sections. The Trinity College Board (governing authority) is currently therefore governed by a Private Act, the Trinity College, Dublin (Charters and Letters Patent Amendment) Act, 2000, which amends the Trinity College Letters Patent, 1911.
It is considered important to align the provisions in relation to the Trinity College Board with the overall reform of university governing authorities through the amendment of the Universities Act 1997. The Bill provides for the amendment of the Universities Act 1997 such that the exemption from particular provisions in that Act including the provisions in relation to governing authorities of universities no longer applies to Trinity College. The legislation also expressly includes the relevant amendments required to the Trinity College Letters Patent 1911 as amended by the Trinity College Dublin (Charters and Letters Patent Amendment) Act 2000 to complete this statutory provision.
An additional provision is included in the Universities Act to provide that in recognition of the distinct legal basis of Trinity and particularly the distinct role played by Fellows within the Trinity community, including within governance of the College, the Trinity College governing authority may comprise of up to an additional 5 Fellows to have a 22 member board (9 external, 2 students and 11 internal members).
Trinity completed its own governance review last year which identified a benefit to additional external membership of its governing authority. This review envisaged that up to 40% of the governing authority might be external. This is consistent with the provisions proposed in the Bill.
The legislation also provides that if the HEA has a concern regarding a matter relating to the governance of Trinity College or the performance by Trinity College of its functions or compliance by it with its obligations it may request the Visitors of Trinity College to conduct a General Visitation in accordance with the statutes of Trinity College in relation to the matter. The Visitors of Trinity College shall conduct a General Visitation if they are satisfied that there are reasonable grounds for a General Visitation and that it is appropriate to do so. The Visitors of Trinity College shall report in writing to the HEA and furnish a copy of the report to the governing authority of Trinity College.
Smaller, competency based governing authorities with a majority of external members are required in higher education institutions to provide for strong institutional governance. This was recommended by The National Strategy for Higher Education to 2030 and the IUA Report to the Minister for Education and Skills on University Governance (2012) and this recommendation will be implemented under the reforms in the HEA Bill.
The proposed legislative measures support continued representation of student and staff representatives on Governing Bodies. The legislation provides for 2 student members of the smaller governing bodies. This means that students will have a strong voice on governing bodies and may have the same proportional representation as they previously had on some of the larger university governing authorities. It is also noted that the legislation includes provision for the training of student members of governing authorities by higher education institutions to ensure they have the key competencies and training required to be an effective voice on the governing authority.
It is recognised that some members such as local authority members will no longer have reserved seats on the governing bodies of higher education institutions. The Association of Irish Local Government raised this issue with the Minister. While the move towards smaller competency based boards rather than larger boards with a representational composition is in line with modern governance practice, there will be significant requirements on higher education to consult with key stakeholders including local authorities.
It is also recognised that there are internal and external stakeholders who make a significant contribution to the performance and effectiveness of higher education institutions and the legislation provides for effective consultation by higher education institutions and the higher education system to maintain a strong voice for stakeholders for example in the development of strategic development plans and equality statements by higher education institutions.
The HEA Board will have 12 members (a chairperson and 11 ordinary members) and all appointments will be made by the Minister. The board shall consist of persons who have sufficient experience and expertise in certain competencies. The current HEA Board is comprised of 19 members appointed by the Minister of whom at least 7 must be academic members and 7 must be other than academic members. There is currently 1 student representative on the Board.
The Board shall include at least 1 student representative who shall be a student or a full-time officer of the national student union, nominated by the national student union.
There will be gender balance on the Board and the terms of office of the members shall not exceed 4 years and members may not serve more than 2 consecutive terms of office up to a maximum of 8 years.
It provides that the existing Board will cease on commencement day but that the existing members will be eligible for re-appointment.
A system of designating higher education providers as designated institutions of higher education will be put in place by this Bill. The reason for this designation system is to protect the reputation and integrity of the higher education sector by bringing all reputable, high quality higher education providers under the oversight of the HEA.
In overall terms, the proposed designation model set out in the Bill is as follows:
All designated institutions of higher education will be required to comply with the governance provisions included in the legislation. The designated institutions of higher education will be permitted to use the title “Designated Institution of Higher Education” and the HEA is required to publish and update a list of designated institutions. In order to safeguard the title and the reputation of Ireland’s higher education system, the HEA may apply to the High Court for an injunction to restrain any other body from using the title “Designated Institution of Higher Education” if they are not designated as an institution of higher education under this legislation.
The legislation provides that the Minister shall prepare a strategy for tertiary education for a period of up to 10 years encompassing the provision in the State of further education and training and higher education and research. The strategy shall be prepared in consultation with the HEA and other relevant stakeholders including other Ministers, relevant state agencies, higher education institutions, representative bodies and students. The strategy may be reviewed and amended as appropriate. It is envisaged that the strategy will contribute to a more integrated tertiary education system strategy. This reflects the Minister’s policy priority for a more unified system across both further and higher education and training.
The legislation provides that the HEA shall, in partnership with QQI and student representatives, promote formal engagement between students and higher education institutions and encourage the development of formalised engagement processes between them. This may include the provision of training for students participating as members of the governing body of a designated institution of higher education and a mechanism for the students to request such training.
The designated institutions of higher education will be required to report annually to the HEA on student engagement activities undertaken, training for student members of governing bodies and a summary of issues raised by students and representatives of students and how these issues were addressed.
The legislation also provides that the HEA shall engage with and seek views from students at a national level on issues of national relevance to students participating in higher education including matters related to teaching and learning, research, governance and support services for students. The HEA may involve the Minister and QQI in this engagement and shall consider the engagement with students in the performance of its functions.
The legislation also includes a provision that the HEA shall undertake in partnership with national student representative bodies, national representatives from higher education institutions and higher education institutions a student survey at least every 2 years. This will be undertaken at regular intervals in respect of undergraduate and postgraduate students and will collect information to document the student experience in higher education and enhancing student engagement, teaching, learning, and assessment at a local and national level. It will also collect information on student opinion on important issues of higher education practice and policy at a local and national level, or other agreed information. The HEA shall, in partnership with the relevant bodies publish a report of the findings of each student survey undertaken.
The importance of equality, diversity and inclusion in higher education is recognised in the legislation with the inclusion of relevant provisions in the Objects and Functions sections of the legislation.
There is a specific provision in the legislation for the HEA to develop, with the approval of the Minister, a strategic action plan for equity of access, participation and success. This plan will specify the ambition, goals, objectives, actions and targets for equity of access, participation and success of priority groups of students. The concept of “priority groups of students” is defined in the legislation as persons who are economically or socially disadvantaged, persons who have a disability or persons from sections of society that are under-represented in the student body in higher education. Higher education institutions will be required to have regard to this plan and to report to the HEA on its implementation in their institution.
The legislation also includes a provision for the HEA to promote and support higher education institutions in the development and provision of lifelong and flexible learning for learners.
The establishment of the new Department of Further and Higher Education, Research, Innovation and Science enables a greater focus and a more integrated approach to research in the higher education sector.
The legislation includes functions for the HEA in planning, promoting, supporting and funding excellent research in the higher education system across all disciplines in accordance with national research policy.
Further consideration was given to the issue of the appropriate statutory provisions for research funding (including the Irish Research Council) as a result of the integration of research, innovation and science with further and higher education in the new department. The Minister has decided that this issue needs further consideration and it is proposed to develop legislation incorporating the full research agenda in 2022, including consideration of the relevant research agencies and appropriate statutory provisions, following approval by Government of the next Research and Innovation Strategy, which is expected to be finalised in the New Year.
The legislation includes provisions in relation to data collection and sharing of personal and non-personal data which is in compliance with GDPR regulations. The key objective of these provisions will be to ensure that the HEA has the capacity to collect the data necessary to carry out its functions and to share this data as appropriate with relevant bodies. This includes obtaining access to the data it requires to monitor compliance and performance in the higher education system and to develop an evidence base to plan and co-ordinate the sector and provide policy advice to the Minister for Further and Higher Education, Research, Innovation and Science.
The legislation includes provisions for co-operation between the HEA and other bodies including SOLAS, QQI and Science Foundation Ireland. These provisions will create a shared obligation on the HEA and other bodies to cooperate on shared functions agreed by the relevant bodies.
The legislation also includes specific provisions in relation to the establishment of a shared National Apprenticeship Office by SOLAS and the HEA. The structure, functions and governance arrangements of the Office will be agreed by their Boards. The objective of the Office will be to deliver a unified apprenticeship system consistent with the policy set out by the Minister in the Apprenticeship Action Plan. This is regarded by the Minister as a key provision in supporting the achievement of the objectives of the Apprenticeship Action Plan, which was approved by Government earlier this year. The Office will facilitate existing joint arrangements and develop joint activities between SOLAS and the HEA in the development, management and oversight of apprenticeships. The HEA and SOLAS will contribute to the Office in accordance with their own statutory functions.
These provisions are also important in light of the Minister’s objective to establish an integrated tertiary education system which will require a further intensification and acceleration of existing levels of co-operation and collaboration between the HEA, SOLAS and other bodies, particularly in relation to an integrated approach to skills and human capital forecasting and development.
The amendments to the Universities Act 1997, the Technological Universities Act 2018, the Institutes of Technology Acts 1992 to 2006 and the National College of Art and Design Act, 1971 include:
The proposed amendment to the Universities Act 1997 to limit the membership of the Academic Council in universities to 70 members, which was included in the General Scheme of the Bill has been removed following consideration of a recommendation from Pre-Legislative Scrutiny and engagement with the university sector. The provisions in the Universities Act 1997 relating to Academic Councils will remain unchanged and the Academic Council of each university will control the academic affairs of that university subject to review by the governing authority.
There has been extensive consultation on the reform of the HEA legislation to date with 3 formal consultation processes – in 2018, 2019 and 2021. Throughout the development of the legislation, there has also been ongoing consultation with key stakeholders in the sector including with individual higher education institutions and the representative bodies of higher education institutions. The Minister has taken the outcome of this consultation into account in developing the legislation.
The extensive consultation process undertaken by the department has been a central element of the development of the legislation. The views of stakeholders have been sought on all of the key issues and the approach has been to make clear the policy objectives and reforms are understood and, to the greatest extent possible, supported by stakeholders.
Consultation commenced in July 2018 with a written consultation process and was followed by a consultation forum on 23 November 2018 with stakeholders, hosted by the then Minister of State with special responsibility for Higher Education, on the proposed approach to the updating of the Higher Education Authority Act 1971.
Following review by Government, the report Legislative Reform, Higher Education Authority Act, 1971 – Consultation Report and Response of the Department of Education and Skills was published in July 2019. An Outline of the Legislative Proposals for the Reform of the Higher Education Act, 1971 was also published at the same time. The views of stakeholders on the consultation report and the legislative proposals were sought and these were generally positive with some specific issues raised. Further consultation was undertaken with the key stakeholders to progress the development of the issues raised.
A further consultation paper was prepared and published on 19 February, 2021 Update on the Reform of the Higher Education Authority Act, 1971 – A Shared Approach seeking the up to date views of stakeholders. This consultation paper outlined the further development of the performance and regulatory framework for higher education which reflected many of the views of stakeholders with regard to co-regulation and the autonomy of institutions. To augment this consultation a number of focussed stakeholder meetings were held including with HEA, Irish Universities Association (IUA), Technological Higher Education Association (THEA), Union of Students in Ireland (USI), Trinity College Dublin and the Irish Congress of Trade Union (ICTU). 46 submissions were received from stakeholders, and the responses were generally supportive of the proposals for the reform of the Higher Education Authority legislation. The key issues raised by the stakeholders were taken into account in the General Scheme of a Bill which was approved by Government in May 2021.
There was further engagement with the key stakeholders including the HEA, IUA, THEA and USI following the receipt of the Report on the Pre-Legislative Scrutiny of the Higher Education Authority Bill 2021. The views of the key stakeholders were considered prior to finalisation of the Bill.
The pre-legislative scrutiny report from the Joint Committee on Education, Further and Higher Education, Research, Innovation and Science was published in September 2021, and the department looks forward to supporting the Minister in advancing the legislation through the Houses of the Oireachtas.
The Joint Committee on Education, Further and Higher Education, Research, Innovation and Science invited a wide range of stakeholders to make written submissions on the General Scheme of the Bill. 30 submissions were received and are published on the Oireachtas website. Oral hearings were held by the Committee in July 2021. The IUA, THEA, Higher Education Colleges Association, Association of Irish Local Government, USI, Irish Federation of University Teachers, Teachers Union of Ireland, Quality and Qualifications Ireland (QQI), HEA and the Department of Further and Higher Education Research Innovation and Science gave oral evidence at these meetings.
The Committee made 26 recommendations and many of the recommendations in the Pre-Legislative Scrutiny report have been included in the HEA legislation including:
The legislation is intended to facilitate the HEA to effectively fulfil its current mandate as it has evolved over some 50 years. Therefore, there are no direct costs immediately arising. However, effective management by the HEA of the very substantial public resources currently invested in higher education, planning for demographic pressures and the proposed development of a sustainable future funding model for the higher education system are likely to require the development of systems and capabilities in particular areas. For example, specific requirements may arise in relation to data and costing systems and personnel. These requirements will be discussed and agreed with the Department of Public Expenditure and Reform in the context of the annual Estimates process.
The reform of the Higher Education Authority legislation will provide a legislative basis for the further development and oversight of an excellent, internationally recognised higher education system. A key aim of this legislation is to maximise the contribution of higher education, research and innovation to economic and social priorities as well as cultural development. The higher education system must play a pivotal role in meeting the human capital and skills requirements of the economy in the face of a future world of work which will be substantially impacted by digitalisation, automation and artificial intelligence.
The legislation will provide for the development of a strategy for tertiary education and this will encompass the interaction of tertiary education with the needs of the State including national competitiveness and employment. The proposed legislation will give the HEA the necessary statutory basis to implement government policies and provide funding to relevant bodies to support national competitiveness and employment as it relates to the higher education and research system. The legislation contains a specific provision for the HEA to promote lifelong learning.