Amendments Nos. 211, 212, 213, 216, 217 and 219 are related and may be discussed together. Amendments Nos. 214 and 215 are alternatives to amendment No. 213.
SECTION 27.
I move amendment No. 211:
In page 22, subsection (1), line 41, to delete "may" and substitute "shall".
This amendment basically obliges the university to have a charter which is not in conflict with the Bill.
Section 27(1) states: "A university may have a charter, not in conflict with this Act, setting out all of any of the following. . .". Seven items are then listed. While a university may have a charter on one of these paragraphs, the subsection seems a little loose. It is desirable for universities to have a comprehensive charter. I support amendments Nos. 211 and 212.
Amendment No.213 goes back to the Irish language again. Section 27(1)(b) states that a university charter may set out "any arrangements it has for the promotion of the Irish language and cultures". That is very milk and watery and does not provide the necessary support for colleges' charters. The wording we use in relation to the charter of a university should be a live thing. It should set out in a definitive way what the university is about. My amendment No. 213 seeks to substitute the following:
(b) the particular arrangements it has for promoting the extensive use of the Irish language and for the promotion and cultivation of the rich and distinctive cultural resources of Ireland;
The wording within the Bill, "the promotion of the Irish language and cultures" is not a very precise definition. I would like the Minister to consider that.
Amendment No. 215 seeks to delete "cultures" and substitute "as a language of general communication, as a medium of instruction, and as a subject of teaching and research". That is a more specific definition and is similar to Deputy Keogh's. It basically outlines functions in which, by and large, the new universities are already engaged. Universities should include in their charters the promotion of the Irish language as a language of general communication, as a medium of instruction and as a subject of teaching and research.
It is important to include that provision which is not overly proscriptive. It is not something that is peculiar to a political party or to Government — it is the nation's objective as enshrined in the Constitution. Legislation should encourage all State institutions to give a lead. Ostensibly, we do that through the Minister for Arts, Culture and the Gaeltacht in all his initiatives, and thorough Government generally.
Amendment No. 216 seeks to insert the following in page 23, subsection (1), between lines 3 and 4:
"(e) provisions relating to employees and students which shall set out the responsibilities of the universities towards the university, and the responsibilities of the universities towards their employees and officers, which responsibilities shall be enacted only after consultation and agreement with trade unions and staff associations representing employees, officers and the Students Union, representing students, and a student elected for the purposes of section 14, by postgraduate students;".
We are aiming to achieve a more genuinely consultative process in the charter that deal with employees and students. In such a way the charter would not just be owned by the governing authority but also by the student, academic and non-academic communities. There should be a genuine consultative process in the charter which would reflect the modern age and the type of partnership that should form the basis of university life today.
As now phrased, section 27(1)(e) states: "the arrangements for review of, or appeals against, decisions of the governing authority or the academic council which affect employees or students;". That suggests that the governing authority and academic council may take decisions that affect people who are in "lesser positions". Students and employees should all be part of the process, and amendment No. 216 aims to achieve that.
Amendment No. 217 seeks in page 23, subsection (1), between lines 3 and 4, to insert the following:
"(f) the policy of the university in relation to equal opportunity for staff and students within the university;".
That is self-evident. I am surprised it is not included in some shape or form.
There is also an amendment in my name. The Minister has proposed a similar amendment, amendment No. 219.
Is amendment No. 218 included in the list we are discussing?
No.
Amendment No. 218 was discussed with amendment No. 16.
The section provides an opportunity for a university to make an initial statement of its policies and priorities as the word "charter" is now understood. It is crucial that the legislation does not prescribe what should be contained in such a statement, rather it outlines what may be contained in the statement.
Deputy Martin and Deputy Coughlan propose, in amendment No. 211, that charters be compulsory for all universities. It is desirable that each university would have such a document and I expect they will. However, it is of crucial importance that they make that decision themselves rather than be prescribed by law to do so. For the same reason, I prefer not to support amendment No. 212 which proposes that a university should have a charter that includes all the elements set out in the section. Again, that is at the discretion of the university.
With regard to amendments Nos. 213 and 215, amendment No. 214 is more than efficient and effective. While the Deputy's proposal is detailed, there is nothing in my amendment that constrains it in any way. It asks the university the put down what it has in place and that means to detail what is in place for the Irish language. The amendments are not necessary.
Amendment No. 216 refers to the responsibilities of universities for students and employees. The amendment is extraordinarily detailed. Later we will discuss the consultation process; amendment No. 220 deals with the groups which should be consulted in preparing the charter — the staff unions and so forth. The charter should include a reference to equality policy as proposed in amendment No. 217 and I have proposed a similar amendment in that regard.
Amendment put and declared lost.
I move amendment No. 212:
In page 22, subsection (1), line 42, to delete "all or any of".
Amendment put and declared lost.
I move amendment No. 213:
In page 22, subsection (1), lines 45 and 46, to delete paragraph (b) and substitute the following:
"(b) the particular arrangements it has for promoting the extensive use of the Irish language and for the promotion and cultivation of the rich and distinctive cultural resources of Ireland;".
Amendment put and declared lost.
I move amendment No. 214:
In page 22, subsection (1)(b), line 45, to delete "any" and substitute "the".
Amendment agreed to.
I move amendment No. 215:
In page 22, subsection (1)(b), line 46, to delete "and cultures" and substitute "as a language of general communication, as a medium of instruction, and as a subject of teaching and research".
Amendment put and declared lost.
I move amendment No. 216:
In page 23, subsection (1), between lines 3 and 4 to insert the following:
"(e) provisions relating to employees and students which shall set out the responsibilities of the universities towards the university, and the responsibilities of the universities towards their employees and officers, which responsibilities shall be enacted only after consultation and agreement with trade unions and staff associations representing employees, officers and the Students Union, representing students, and a student elected for the purposes of section 14, by postgraduate students;".
Amendment put and declared lost.
Amendment No. 217 not moved.
I move amendment No. 218:
In page 23, subsection (1), between lines 3 and 4, to insert the following:
"(g) any arrangements for review of, or appeal against the decisions of the governing authority, or academic council, which affect employees, officers, or students, shall make provision for the right of appeal to the Board of Visitors, as provided for in section 17;".
Amendment put and declared lost.
I move amendment No. 219:
In page 23, subsection (1), between lines 6 and 7, to insert the following:
"(f) its policy in respect of the promotion of equality of opportunity among students and employees;".
Amendment agreed to.
Amendments Nos. 221 and 222 are alternatives to amendment No. 220. Amendments Nos. 220, 221 and 222 will be taken together by agreement.
I move amendment No. 220:
In page 23, lines 12 to 15, to delete subsection (2) and substitute the following:
"(2) In preparing a charter, the governing authority shall consult, in such manner as it thinks appropriate, with the academic staff and other employees of the university, any recognised trade union or staff association, any recognised student union or other student representative body, or with any other person or group, both within and outside of the university, it considers should be consulted.".
This is similar to amendments Nos. 221 and 222 concerning the consultation process. We are seeking to address the concerns of various groups and I hope Deputies can support my amendment in meeting those concerns.
We welcome the amendment. We received a considerable number of representations on this matter and I am glad the provision is being included in the Bill.
I concur with Deputy Martin.
Amendment agreed to.
Amendments Nos. 221 and 222 not moved.
I move amendment No. 223:
In page 23, subsection (4), line 23, after "drafted" to insert "and order it be laid before the Oireachtas for a period of 21 days".
We are seeking that the ultimate body in Irish democracy, the Oireachtas, be included in that provision and that the draft charter be laid before the Oireachtas for a period of 21 days.
The section already provides that there will be recognition by order of the proposed charter by the Government and the Houses of the Oireachtas. The amendment would not add anything useful to the section. Subsection (5) provides that an order under subsection (4) shall be laid before each House of the Oireachtas as soon as practicable. This subsection deals with the Deputy's point.
Amendment, by leave, withdrawn.
Section 27, as amended, agreed to.