Department of Human Resources Heads and Managers Forum – 5 February, Responsibilities of Heads Background Current Project Outline Discussion/ Recommendations 2. Universities Act – Heads of Bill Outline Background Discussion

Department of Human Resources

Heads and Managers Forum – 5 February, Responsibilities of Heads The current draft of the Responsibilities of Heads document was circulated. Please discuss it and the HR Rep. at each table will note comments and suggestions.

Heads and Managers Forum – 5 February, Heads of Bill Proposal to amend the Universities Act has been circulating since the change of government Submissions to the Minister by the IUA and the RIA on University Governance. Broad based but main focus on role and composition of Governing Bodies

Heads and Managers Forum – 5 February, 2013 Heads of Bill Initial submissions overtaken by issues arising with universities – mostly to do with Section 25(4) of the Universities Act 1997: “(4) Subject to subsection (5), there shall be paid by a university to the employees of that university, 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. (5) (a) A university may depart from levels of remuneration, fees, allowances and expenses approved under subsection (4) where the governing authority is satisfied that it is necessary to meet the objects of the university, but may do so only in accordance with a framework which shall be agreed between the universities and An tÚdarás.

Heads and Managers Forum – 5 February, 2013 Heads of Bill DES view that universities non-compliant and refusing to comply with Section 25(4) Heads of Bill focussed on staffing and remuneration and collective agreements “ Directions of the Minister in relation to remuneration, numbers or agreements” Revised Section 20 to give the Minister the power

Heads and Managers Forum – 5 February, 2013 Heads of Bill 20A. (1) The Minister may, in relation to the performance by a university of its functions, give a direction in writing to that university requiring it to comply with a– (a) policy decision made by the Government or the Minister in so far it relates to the remuneration or numbers of public servants employed in that university, or (b) collective agreement entered into by the Government or the Minister. (2) A university shall comply with a direction under this section. (3) For the purposes of this section and sections 20B, 20C and 20D „remuneration‟ means consideration, whether in cash or in kind, which a worker receives from his or her employer in respect of his or her employment and includes fees, allowances, superannuation and payments connected with appointment or termination of employment.

Heads and Managers Forum – 5 February, 2013 Heads of Bill Minister may: Appoint a person to carry out an investigation into the performance by a university of its functions insofar as they relate to remuneration or numbers of public servants employed in that university or implementation of a collective agreement entered into by the Government or the Minister Insist on co-operation with the Investigator who will submit a report to the Minister Arising from the report - give a direction to a university concerning specific measures to be taken – a university and chief officer “shall comply” with such a direction If a university fails to comply with a policy decision of government, implement a collective agreement entered into by Government or comply with a direction of the Minister:

Heads and Managers Forum – 5 February, 2013 Heads of Bill Minister may: Following consultation with the HEA appoint a person to carry out “ such and so many of those functions of the university as the Minister may determine in so far as they relate to the remuneration or numbers of public servants employed in that university and/or the implementation of a collective agreement…..” Appoint a person to run the university function for up to 2 years “Where a function of a university stands transferred under this section that university shall not, during the period that the function stands transferred, perform that function and the performance of that function shall not, during the period, be subject to its discretion, control or supervision”

Heads and Managers Forum – 5 February, 2013 Heads of Bill Response 1.IUA Paper and meeting with the Minister They are contrary to the national Strategy for Higher Education; They are retrograde in terms of international developments in higher education governance; They are contrary to the overall spirit and ethos of the Universities Act; They lack the checks and balances necessary to prevent abuse of the provisions by political and/or administrative system (noting that the demeanour of future administrations cannot be guaranteed); The issues which motivated their formulation have effectively been resolved – and could better be advanced by a collaborative policy-based approach, rather than one based primarily regulation/sanctions; Some aspects of the proposals may be politically undesirable and are potentially unworkable;

Heads and Managers Forum – 5 February, 2013 Heads of Bill Response 1.IUA Paper and meeting with the Minister They will cause reputational damage on a range of fronts and hamper the capacity of the universities to contribute to national recovery; They fail to reflect the very significant efforts made by the universities in the modernizing their governance and organizational structures – predominantly delivered on the universities’ own initiative. They run counter to the recommendations of the Cromein Report and the more recent Organisational Review of DES in relation to the Department needing to focus more on strategy, overcome compartmentalization and empower the HEA in its agency functions. They are excessively narrowly focused and will prejudice future developments needed to ensure the competitiveness and success of the universities. 2. Letter from Governing Body to the Minister

Heads and Managers Forum – 5 February, 2013 Heads of Bill Current Position – Representations by IUA – Some commitment by the Minister to examine as part of broader changes to the Universities Act – Importance of ensuring that the issues which brought these proposed changes about are not exacerbated by any of the universities Discussion at each table - …. Minutes and feedback to HR Rep