PART 2

Amendment of Regional Technical Colleges Acts

3 .— Section 2(1) of the RTC Act is amended—

(a) by inserting, after the definition of “academic council”, the following definition:

“ ‘An tÚdarás’ means An tÚdarás um Ard-Oideachas;”, and

(b) by substituting the following definition for the definition of “college”:

“ ‘ college ’ means an institution of higher education declared by paragraph (a) of section 3(1) (as amended by the Institutes of Technology Act 2006) to be a college to which this Act applies and, in relation to the Cork Institute of Technology, includes a school of that college declared to be such under paragraph (b) of that subsection;”.

4 .— Section 3 of the RTC Act is amended—

(a) by substituting the following for subsection (1) (as amended by the Regional Technical Colleges (Amendment) Act 1999 ):

“(1) (a) Each institution of higher education specified in column (1) of the First Schedule is declared to be a college to which this Act applies and shall, subject to subsection (4), continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in that Schedule.

(b) Coláiste Ealaíne agus Deartha Crawford (Crawford College of Art and Design), Ceol-Scoil Chorcaí (Cork School of Music) and Coláiste Náisiúnta Mara na hÉireann (National Maritime College of Ireland) are declared to be schools of the Cork Institute of Technology and each of them shall continue to bear, and to be known by, the name in the Irish language or in the English language by which it is referred to in this paragraph.

(c) (i) Coláiste Turasóireachta Na Cealla Beaga (Tourism College Killybegs) is declared to be a school of the Letterkenny Institute of Technology and it shall continue to bear, and to be known by, the name in the Irish language or the English language by which it is referred to in this paragraph, or by such other name as the governing body, subject to the consent of the Minister, may determine.

(ii) Every person who, immediately before the commencement of this paragraph, is—

(I) an employee of County Donegal Vocational Education Committee, and

(II) working for the college referred to in subparagraph (i),

shall, on such commencement, become and be a member of the staff of Letterkenny Institute of Technology and shall not, while in the service of that college, receive less remuneration or be subject to less beneficial conditions of service than the remuneration approved by the Minister with the concurrence of the Minister for Finance to which that person was entitled and the conditions of service approved by the Minister to which the person was subject before such commencement.”, and

(b) by deleting subsections (2) (as amended by the Qualifications (Education and Training) Act 1999 ) and (3).

5 .— Section 3A (inserted by the Qualifications (Education and Training) Act 1999 ) of the RTC Act is repealed.

6 .— Section 5 of the RTC Act is amended—

(a) in subsection (1)—

(i) in paragraph (c), by substituting “An tÚdarás” for “the Minister”,

(ii) by substituting the following paragraph for paragraph (e):

“(e) in relation to any of the following companies or undertakings and in accordance with the following law, namely—

(i) a limited liability company in the State — in accordance with the Companies Acts, or

(ii) a company or undertaking (the liability of members of which is limited) in a state other than the State — in accordance with the law of that state,

to—

(I) promote and take part in the formation of it,

(II) acquire, hold or dispose of shares or other interests in its capital, or

(III) participate in the management or direction of it,

but only if the objects of the company or undertaking include the carrying on of such business, trading or other activities, as the college thinks fit, for the purpose of promoting or assisting in the performance of, or in connection with, the functions of the college;”,

and

(iii) in paragraph (i), by substituting “An tÚdarás” for “the Minister”,

and

(b) by deleting subsection (2).

7 .— The RTC Act is amended by inserting the following section after section 5:

“Academic freedom.

5A.— (1) A college, in performing its functions, shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs.

(2) A member of the academic staff of a college shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the college, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the college, for the exercise of that freedom.”.

8 .— The RTC Act is amended by substituting the following section for section 7:

“Functions of governing bodies.

7.— (1) The functions of the governing body of a college shall be, in pursuance of the functions of the college under section 5 but within the constraints of the college’s budget under section 13—

(a) to control and administer the land and other property of the college,

(b) to appoint the Director and such other staff as it thinks necessary for the purposes of the college, and

(c) to perform such other functions as are conferred on it by this or any other Act.

(2) For the purpose of the appointment of the Director under subsection (1)(b), the governing body shall develop such interview and other procedures as in its opinion will best ensure participation in the selection process by candidates of a high calibre from both within and outside of the college and shall publish such procedures in such manner as it considers appropriate.

(3) A governing body has, subject to this or any other Act, such powers as are necessary for the purposes of performing its functions.

(4) A governing body may, from time to time, appoint such and as many committees, consisting either wholly or partly of members of the governing body, as it thinks necessary to assist it in the performance of its functions and may assign to those committees such of its functions as it thinks fit.

(5) A committee appointed under subsection (4) shall operate in such manner as the governing body may direct and its acts shall be subject to confirmation by the governing body, unless the governing body otherwise directs.

(6) In performing its functions a governing body, or, where appropriate, a committee shall—

(a) comply with such policy directions as may be issued by the Minister from time to time, including directions relating to the levels and range of programmes offered by the college,

(b) have regard to the promotion and use of the Irish language as a language of general communication and promote the cultivation of the Irish language and its associated literary and cultural traditions,

(c) have regard to the attainment of gender balance and equality of opportunity among the students and staff of the college and shall, in particular, promote access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body,

(d) ensure as far as it can that the college contributes to the promotion of the economic, cultural and social development of the State and to respect for the diversity of values, beliefs and traditions in Irish society, and

(e) have regard to the statutory responsibilities of other education providers.”.

9 .— Section 8(1) of the RTC Act is amended by substituting “An tÚdarás” for “the vocational education committee”.

10 .— Section 9 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) A governing body shall from time to time appoint in a whole-time capacity a person to be the chief officer of the college, and that person shall be known as the Director, or by such other title as the governing body, subject to the consent of the Minister, may determine.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the Minister”, and

(c) by substituting the following subsection for subsection (4) (inserted by the Regional Technical Colleges (Amendment) Act 1994 ):

“(4) Where an office of Director becomes vacant, the governing body, after consultation with An tÚdarás, may appoint a person to perform the functions of the Director until such time as a permanent appointment to that office is made and such interim appointment may be terminated by the governing body at any time.”.

11 .— Section 10(3)(a) of the RTC Act is amended by deleting “in accordance with the programmes and budget approved annually under section 13 of this Act and”.

12 .— The RTC Act is amended by substituting the following section for section 11:

“General provisions in relation to staff.

11.— (1) A college may perform such of its functions as the governing body may deem proper through or by any member of its staff.

(2) Subject to section 12, there shall be paid by a college to its staff, such remuneration, fees, allowances and expenses as may be approved from time to time by the Minister with the consent of the Minister for Finance.

(3) The payment of any remuneration, fees, allowances or expenses by a company or undertaking referred to in section 5(1)(e) (as amended by the Institutes of Technology Act 2006) to the staff of a college shall be in accordance with arrangements in that behalf entered into between the colleges and An tÚdarás.

(4) The Education Sector Superannuation Scheme (referred to in Article 2 of the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001)) shall apply to a college and the members of its staff.”.

13 .— The RTC Act is amended by inserting the following section after section 11:

“Provisions in relation to certain staff.

11A.— (1) (a) A college may appoint such and so many persons to be members of the staff of the college (in addition to the Director) as, subject to the approval of An tÚdarás given with the concurrence of the Minister and the Minister for Finance, the governing body from time to time thinks proper.

(b) The recruitment and selection of such members of the staff shall be carried out in accordance with procedures that may be determined by the Minister from time to time.

(c) Such procedures shall provide that the selection board shall consist of appropriately qualified persons and shall include the Director of the college or a nominee of the Director.

(2) Subject to section 12, the members of the staff of a college shall be employed on such terms and conditions as the college (subject to the approval of the Minister given with the concurrence of the Minister for Finance) from time to time determines.

(3) A college may suspend or dismiss a member of its staff, but only in accordance with procedures and subject to any conditions determined by the college, following consultations by it with recognised staff associations or trade unions; those procedures and conditions may provide for the delegation of powers relating to suspension or dismissal to the Director.

(4) Subsection (3) shall apply to all members of the staff of a college, except those officers to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply.”.

14 .— Section 12 of the RTC Act is amended by adding the following subsections after subsection (2):

“(3) Sections 105, 106 and 107 of the Vocational Education Act 1930 and sections 7 and 8 of the Vocational Education (Amendment) Act 1944 shall apply to officers of a college who were appointed before the commencement of this subsection, with the substitution of references to the college for references to the vocational education committee.

(4) (a) A college shall not remove any of its officers to whom this subsection applies from office without the consent of the Minister.

(b) This subsection applies to officers of a college appointed before the commencement of this subsection.”.

15 .— The RTC Act is amended by substituting the following section for section 13:

“Budgets.

13.— (1) A governing body shall, on or before the first day of March in each financial year or such other date as An tÚdarás may approve (which may be a date before the commencement of the financial year to which the statement relates), prepare and submit to An tÚdarás, in such form and manner as may from time to time be approved by An tÚdarás, a statement of the proposed expenditure and expected income of the college for the financial year.

(2) An tÚdarás shall, having regard to the statement submitted under subsection (1), determine the amount of money to be allocated to the college for the financial year from moneys provided to An tÚdarás pursuant to section 12 of the Higher Education Authority Act 1971 , and the amount so allocated, together with the other expected income of the college as agreed with An tÚdarás, shall be the budget of the college for the financial year.

(3) Where the budget of a college has been determined, it shall be a function of the Director, acting on the authority of the governing body, to carry it into effect.

(4) An tÚdarás may at any time, on application made to it by the governing body of a college, increase the amount of money to be allocated to the college from moneys provided to An tÚdarás.

(5) Where the Director of a college is of opinion that—

(a) the actual expenditure in a financial year, or

(b) a proposed course of action,

taking into account any increased allocation under subsection (4), will or is likely to result in expenditure in excess of the budget for that financial year (in this section referred to as a ‘material departure from the budget’), the Director shall so inform the governing body.

(6) Where the governing body, despite being so informed, decides—

(a) in the case of subsection (5)(a), not to decrease its actual expenditure, or

(b) in the case of subsection (5)(b), to continue with its proposed course of action,

the Director, as soon as practicable, shall, unless he or she considers that contrary to his or her foregoing opinion a material departure from the budget will not occur, inform An tÚdarás of the decision of the governing body.

(7) Where, notwithstanding this section, a college incurs expenditure in excess of its budget that is not met from the income of the college other than the money allocated to it by An tÚdarás, that excess shall be a first charge on the budget for the next succeeding financial year.

(8) A college may borrow money by means of a bank overdraft or otherwise and may guarantee or underwrite a loan taken or borrowing undertaken by a person or a body of persons.

(9) Borrowing, guaranteeing and underwriting under subsection (8) shall be in accordance with arrangements entered into from time to time between the colleges and An tÚdarás; An tÚdarás shall consult with the Minister and the Minister for Finance before entering into such arrangements.”.

16 .— Section 14 of the RTC Act is amended—

(a) by substituting the following subsection for subsection (1):

“(1) The governing body of a college shall, as soon as may be, but not later than 3 months, after the end of each academic year, prepare and publish a report of its proceedings during that year in such form as may be determined by An tÚdarás and provide a copy of such report to An tÚdarás and the Minister.”,

(b) in subsection (2), by substituting “An tÚdarás” for “the vocational education committee”, and

(c) by adding the following subsection after subsection (2):

“(3) A college shall supply to An tÚdarás such information as An tÚdarás may from time to time request relating to the number of persons employed by the college, their composition by grade, their terms and conditions of employment (including their remuneration, fees, allowances, expenses and superannuation) and any other related matters.”.

17 .— Section 15 of the RTC Act is repealed.

18 .— The RTC Act is amended by substituting the following section for section 16:

“Keeping of accounts and records.

16.— (1) A college shall keep, in such form as may be approved by An tÚdarás, all proper and usual accounts and records of all income received or expenditure incurred by it.

(2) Accounts kept in pursuance of subsection (1) shall, to the extent directed by the Comptroller and Auditor General, be submitted annually by a college to the Comptroller and Auditor General, for audit, by such date as the Comptroller and Auditor General may from time to time determine, and, immediately after the audit, a copy of the accounts, together with a copy of the report of the Comptroller and Auditor General on the accounts, shall be presented by the college to An tÚdarás and to the Minister.

(3) The Minister shall cause copies of the accounts presented under this section to the Minister by the college, together with copies of the report of the Comptroller and Auditor General on those accounts, to be laid before each House of the Oireachtas.”.

19 .— Section 18(1) of the RTC Act is amended by deleting “, after consultation with the vocational education committee”.

20 .— The RTC Act is amended by substituting the following section for section 20:

“Inspection.

20.— The Minister, following consultation with An tÚdarás, may authorise any person or persons as the Minister may deem appropriate to report to the Minister on any matters regarding the operation of a college and such person or persons shall be entitled at all reasonable times to enter the college concerned and shall be afforded every facility by that college, including access to all records, to perform their functions.”.

21 .— Section 21(4) of the RTC Act is amended by inserting “to whom subsections (3) and (4) (inserted by the Institutes of Technology Act 2006) of section 12 apply” after “officers of a college”.

22 .— The RTC Act is amended by inserting the following sections after section 21:

“Reserved functions.

21A.— (1) Each college shall perform by resolution of its governing body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.

(2) The functions under sections 5(1)(a) to (j), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.

(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(4) A Director shall assist the governing body in the performance of its reserved functions, in such manner as the governing body may require.

(5) A governing body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.

Executive functions.

21B.— (1) Every function that is not a reserved function shall be an executive function, and ‘executive function’ shall, in this Act, be construed and have effect accordingly.

(2) Executive functions shall be performed by the Director.

(3) A Director shall provide such information to the governing body regarding the performance of his or her functions as the governing body may from time to time require.

(4) A Director shall provide such information to the Minister or An tÚdarás regarding the performance of his or her functions as the Minister or An tÚdarás, as the case may be, may from time to time require.

Strategic development plan.

21C.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a plan (in this Act referred to as a ‘strategic development plan’) that shall set out the aims of the governing body for the operation and development of the college and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.

(2) A governing body may either approve the strategic development plan prepared without modification or, after consultation with the Director, approve the plan with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.

(3) As soon as practicable after it approves the strategic development plan under subsection (2), the governing body shall provide a copy of the plan to An tÚdarás and to the Minister.

Equality policy.

21D.— (1) A governing body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the Director to prepare a statement of the policies of the college in respect of—

(a) access to education in the college by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

(b) equality, including gender equality, in all activities of the college,

and the Director, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.

(2) A governing body may either approve the statement prepared under subsection (1) without modification or, after consultation with the Director, approve the statement with such modifications as it thinks fit; in exercising its powers under this subsection the governing body shall have regard to the resources available to the college.

(3) A college shall implement the policies set out in the statement as approved under subsection (2).

Dispute resolution.

21E.— (1) A governing body shall establish procedures for the resolution of disputes that arise in the college.

(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the college.

(3) Procedures established under subsection (1) shall—

(a) be embodied in writing,

(b) be established following consultation with recognised staff associations and trade unions representing the staff of the college and with the students union or other student representative body, and

(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.

Reviews.

21F.— An tÚdarás may review—

(a) the strategic development plan prepared in accordance with section 21C, and

(b) the policies set out in the statement prepared under section 21D and their implementation by the college,

and may, following consultation with the college, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.”.

23 .— The RTC Act is amended by inserting the following section after section 23:

“Effect of certain orders.

23A.— (1) Each order made under section 3 shall, during the relevant period, be deemed always to have been valid.

(2) In this section ‘relevant period’ means the period beginning on the making of the order concerned referred to in subsection (1) and ending on the commencement of section 4 of the Institutes of Technology Act 2006.”.

24 .— The RTC Act is amended by substituting the following Schedule for the First Schedule:

“Section 3.

FIRST SCHEDULE

The Colleges

”.

25 .— The Second Schedule to the RTC Act is amended—

(a) by deleting paragraphs 2(5) and 3(3), and

(b) in paragraph 14(e), by deleting “subject to the approval of the Minister and to such terms and conditions as the Minister may lay down,”.

26 .— The RTC Act is amended by substituting the following Schedule for the Third Schedule:

“Section 9.

THIRD SCHEDULE

Director

1. The Director of a college shall, subject to this Act, manage and direct the carrying on by the college of its academic, administrative, financial, personnel and other activities and for those purposes has such powers as are necessary or expedient.

2. In performing his or her functions the Director shall be subject to such policies as may be determined from time to time by the governing body and shall be answerable to the governing body for the efficient and effective management of the college and for the due performance of his or her functions.

3. (1) A Director may delegate any of his or her functions to another member of the staff of the college, unless they are delegated to the Director subject to the condition that they shall not be delegated further; that other member shall be answerable to the Director for the performance of those functions.

(2) Notwithstanding any such delegation, the Director shall at all times remain answerable to the governing body in respect of the functions so delegated.

4. A Director shall not hold any other office or position without the consent of the governing body.

5. A Director shall be entitled to be a member of, and preside over, any and every committee appointed by the governing body, except where the governing body with the concurrence of An tÚdarás decides otherwise.

6. A Director shall be entitled to be a member of the academic council and, if present, shall preside at all meetings of that council; he or she shall be entitled to be a member of every committee established by that council.

7. Unless he or she resigns, retires or is removed from office, a Director shall hold office for a period of 10 years.

8. A Director 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 college 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 the college 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 subparagraph (a), (b) or (c)) that is laid before Dáil Éireann.

9. A Director, 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 Director shall account for the performance of a college’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.”.

27 .— The Regional Technical Colleges (Amendment) Act 1994 is amended—

(a) in section 2(1), by inserting “, following consultation with An tÚdarás,” after “Minister”, where “Minister” firstly occurs in that subsection, and

(b) in section 4(1), by substituting the following for paragraph (a):

“(a) six persons shall be nominated by the vocational education committee, none of whom shall be members of the staff of a college or the Dublin Institute of Technology and at least three of whom shall be members of a local authority;”.

28 .— Section 9 of the Regional Technical Colleges (Amendment) Act 1999 is amended—

(a) in subsection (4), by substituting “Education Sector Superannuation Scheme (referred to in the Education Sector Superannuation Scheme (Transfer of Departmental Administration and Ministerial Functions) Order 2001 (S.I. No. 14 of 2001))” for “Local Government (Superannuation) Act 1980”, and

(b) by deleting subsections (5), (6) and (7).