Third-level institutions guilty of misconduct or poor performance risk funding
Third-level institutions guilty of misconduct or poor performance could see grants withheld under the first proposed changes to the current legislation in almost 50 years.
In an effort to reform the powers of the Higher Education Authority (HEA), the proposed legislation could see the introduction of a range of sanctions and penalties for higher-level institutes in a bid to secure public accountability.
The proposals come almost a year after the former chief executive of the HEA Dr Graham Love resigned from his post, raising serious concerns over the organisation’s regulatory powers.
Under the proposed reforms, the HEA would be renamed the Higher Education Commission (HEC) and granted greater powers of review and intervention, as well as the powers to measure and assess performance in higher-level institutions.
Institutes or universities who persistently or seriously breach the proposed performance and regulatory framework face incurring a range of both financial and non-financial penalties, including an admonishment or censure, more stringent HR requirements or the withholding or refunding of a grant.
In cases of very serious, continued non-compliance at higher level institutes, the minister could also require the “dissolution” of governing bodies, the legislation proposes.
It would also give the HEC the power to appoint an observer to any institution deemed “at risk.”
This observer would have the power to attend any meeting of the governing body or committee of the institution, offer advice to the governing body or committee and may report to the HEC on any matter raised or discussed at a meeting.
The proposals would also see the HEC given the power to provide funding to institutes of higher education, with a focus on the strategy for higher education and research.
The plans are included in proposed legislation now published by Minister of State for Higher Education Mary Mitchell O’Connor, who is inviting further submissions on the proposals.
The current HEA legislation reflects a different era, Minister Mitchell O’Connor said.
“The proposed new legislation will address the need for best practice regulatory models for higher education, the transformation of the higher education landscape and the requirement to prioritise the interests of students and secure public accountability.”
Legislation that underpins governance is “essential”, she added.
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