Higher Education Authority Act 2022

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Provisions relating to Director of College

130. The Act of 1971 is amended by the insertion of the following Schedule:

“SCHEDULE

Section 17

Director

1. The Director shall carry on and manage, and control generally, the administration and business of the College and perform such other functions (if any) as may be determined by An Bord, and for those purposes shall have such powers as are necessary or expedient.

2. The Director shall perform his or her functions subject to such policies as may be determined from time to time by An Bord and shall be accountable to An Bord for the efficient and effective management of the College and for the due performance of his or her functions.

3. The Director may make proposals to An Bord on any matter relating to its functions.

4. The Director shall provide An Bord with any information (including financial information) in relation to the performance of his or her functions as An Bord may request.

5. An Bord may designate an officer or servant of An Bord to perform the functions of the Director in the absence of the Director or where the office of Director is vacant, and a member so designated shall in such absence or upon such office being vacant, perform those functions.

6. (1) The Director may, with the consent of An Bord, delegate in writing any of his or her functions to a specified officer or servant of An Bord, and that officer or servant shall be accountable to the Director for the performance of the functions so delegated.

(2) The Director shall be accountable to An Bord for the performance of functions delegated by him or her in accordance with subparagraph (1).

(3) The Director may, with the consent of An Bord in writing, revoke a delegation made in accordance with this paragraph.

(4) In this paragraph, ‘functions’ does not include a function delegated by An Bord to the Director subject to a condition that the function shall not be delegated by the Director to anyone else.

7. The Director shall not hold any other office or position without the consent of An Bord.

8. Unless he or she resigns, retires or is removed from office, the Director shall hold office for such period as An Bord, with the consent of the Minister, determines but the period shall not exceed ten years from the date of the Director’s appointment.

9. (1) The Director shall, whenever required in writing 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 (in this section referred to as the ‘Committee’), give evidence to that Committee in relation to—

(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 An Bord is required by this Act to prepare,

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

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

(d) any matter affecting the College 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 clause (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this paragraph, the Director 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. (1) In this paragraph, ‘Committee’ means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than 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, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a sub-committee of such Committee.

(2) Subject to subparagraph (3), the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the College.

(3) The Director shall not be required to give account before a Committee for any matter that is or has been or may be the subject of proceedings before a court or tribunal of inquiry in the State.

(4) Where the Director is of opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subparagraph (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the Director does so at a time when he or she is before the Committee, he or she shall do so in writing.

(5) Where the Director has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw the request referred to in subparagraph (2) in so far as it relates to a matter the subject of that opinion—

(a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subparagraph (3) applies, or

(b) the Chairperson of the Committee may, on behalf of the Committee, make an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subparagraph (5), the Director shall not attend before the Committee to give account for the matter the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw the request referred to in subparagraph (2), but if the High Court determines that subparagraph (3) does not apply, the Director shall attend before the Committee to give account for the matter.

(8) In the performance of his or her duties under this paragraph, the Director shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government, or the merits of the objectives of such a policy.”.