Written answers

Tuesday, 15 December 2020

Department of Education and Skills

Higher Education Institutions

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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117. To ask the Minister for Education and Skills if he has or will issue regulations regarding the way in which publicly-funded higher education bodies may or may not use their land for commercial or other activities. [41270/20]

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Legislative provisions are in place with regard to the acquisition and disposal of lands owned by publically funded higher education institutions.

Section 5 (1)(i) Regional Technical Colleges Act 1992, as amended by Section 6(a)(iii) Institutes of Technology Act 2006, requires the approval of the Higher Education Authority for the acquisition of land by an institute of technology. Similar provisions pertain to the Technology University sector as per Section 8 of the Technological Universities Act 2018 which requires the approval of the Minister for Further an Higher Education, Research, Innovation and Science as well as the approval of the Minister for Public Expenditure and Reform toacquire, hold and dispose of land, an interest in land or any other property. While, there is no equivalent provision within the Universities Act, where Exchequer funding is requested for acquisitions, there is an evaluation process in place which is undertaken by the Higher Education Authority with the final decision regarding land acquisition approval remaining with this Department.

The Deputy may wish to note that within the governing legislative framework, higher education institutions have the autonomy to take decisions with regard to the development of their landholdings, including for use for commercial or other activities undertaken to help underpin their overall financial position and sustainability. However, as with any expenditure by higher education institutions that is supported with public funding, the expenditure must be consistent with the provisions of the Public Spending Code in terms of value-for-money requirements.

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